New rule 4:86-2. Complaint; Accompanying Documents: Alternative Affidavits or Certifications
(!!l Complaint. The allegations of the complaint shall be verified as prescribed by
R. 1 :4-7 ~ [and shall have annexed thereto] The complaint shall state:
ill the name, age, domicile and address of the plaintiff, of the alleged incapacitated
person and of the alleged incapacitated person's spouse, if any;
ill the plaintiffs relationship to the alleged incapacitated person;
ill the plaintiffs interest in the action;
ill the names, addresses and ages of the alleged incapacitated person's children, if
any, and the names and addresses of the alleged incapacitated person's parents and nearest of
kin, meaning at a minimum all persons of the same degree of relationship to the alleged
incapacitated person as the plaintiff;
ill the name and address of the person or institution having the care and custody of
the alleged incapacitated person;
fil if the alleged incapacitated person has lived in an institution, the period or periods
of time the alleged incapacitated person has lived therein, the date of the commitment or
confinement, and by what authority committed or confined; and
ill the name and address of any person named as attorney-in-fact in any power of
attorney executed by the alleged incapacitated person, any person named as health care
representative in any health care directive executed by the alleged incapacitated person, and any
person acting as trustee under a trust for the benefit of the alleged incapacitated person.
~ Accompanying Documents. The complaint shall have annexed thereto:
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ill An affidavit or certification stating the nature, [location] description, and fair
market value [(l)] of the following, in such form as promulgated by the Administrative Director
of the Courts:
~ all real estate in which the alleged incapacitated person has or maYhave a present
or future interest, stating the interest, describing the real estate fully [ or by metes and bounds,]
and stating the assessed valuation thereof; [ and (2) ofJ
(fil all the personal estate which he or she is, will or may in all probability become
entitled to, including stocks, bonds, mutual funds, securities and investment accounts; money on
hand, annuities, checking and savings accounts and certificates of deposit in banks and notes or
other indebtedness due the alleged incapacitated person; pensions and retirement accounts,
including annuities and profit sharing plans; miscellaneous personal property; and the nature and
total monthly [ or annual] amount of any [ compensation, pension, insurance, or] income which
may be payable to the alleged incapacitated person[. If the plaintiff cannot secure such
information, the complaint shall so state and give reasons therefor, and the affidavit submitted
shall in that case contain as much information as can be secured in the exercise of reasonable
diligence]; and
(kl the encumbrance amount of any debt including any secured associated debt
related to the real estate or personal estate of the alleged incapacitated person.
f(b)JQ) Affidavits or certifications of two physicians[,] having qualifications set forth in
NJS.A. 30:4-27.2t, or the affidavit or certification of one such physician and one licensed
practicing psychologist as defined in NJS.A. 45:14B-2, in such form as promulgated by the
Administrative Director of the Courts. Pursuant to NJS.A. 3B:12-24.l(d), the affidavits or
certifications may make disclosures about the alleged incapacitated person. If an alleged
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incapacitated person has been committed to a public institution and is confined therein, one of
the affidavits or certifications shall be that of the chief executive officer, the medical director, or
the chief of service providing that person is also the physician with overall responsibility for the
professional program of care and treatment in the administrative unit of the institution.
However, where an alleged incapacitated person is domiciled within this State but resident
elsewhere, the affidavits or certifications required by this rule may be those of persons who are
residents of the state or jurisdiction of the alleged incapacitated person's residence. Each affiant
shall have made a personal examination of the alleged incapacitated person not more than 3 0
days prior to the filing of the complaint, but said time period may be relaxed by the court on an
ex parte showing of good cause. To support the complaint, each affiant shall state:
[(1 )](A) the date and place of the examination;
[(2)]l]ll whether the affiant has treated or merely examined the alleged incapacitated
individual;
[(3)],(Q whether the affiant is disqualified under R. 4:86-3;
[(4)]illl the diagnosis and prognosis and factual basis therefor;
[(S)]Cfil for purposes of ensuring that the alleged incapacitated person is the same
individual who was examined, a physical description of the person examined, including but not
limited to sex, age and weight;
[ ( 6) ]CD the affiant' s opinion of the extent to which the alleged incapacitated person is
unfit and unable to govern himself or herself and to manage his or her affairs and shall set forth
with particularity the circumstances and conducf of the alleged incapacitated person upon which
this opinion is based, including a history of the alleged incapacitated person's condition; [and]
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[(7)]ilil if applicable, the extent to which the alleged incapacitated person retains
sufficient capacity to retain the right to manage specific areas, such as[,] residential, educational,
medical, legal, vocational or financial decisions; and[. The affidavit should also include]
(ID an opinion on whether the alleged incapacitated person is capable of attending or
otherwise participating in the hearing and, if not, the reasons for the individual's inability[.]; and
ill A Case Information Statement in such form as promulgated by the Administrative
Director of the Courts. Said Case Information Statement shall include the date of birth and
Social Security number of the alleged incapacitated person.
(D Alternative Affidavits or Certifications.
ill If the plaintiff cannot secure the information required in paragraph (b )(l ), the
complaint shall so state and give the reasons therefor, and the affidavit or certification submitted
shall in that case contain as much information as can be secured in the exercise of reasonable
diligence.
ill In lieu of the affidavits or certifications provided for in paragraph (b )ill, an
affidavit or certification of one affiant having the qualifications as required therein shall be
submitted, stating that he or she has endeavored to make a personal examination of the alleged
incapacitated person not more than 30 days prior to the filing of the complaint but that the
alleged incapacitated person or those in charge of him or her have refused or are unwilling to
have the affiant make such an examination. The time period herein prescribed may be relaxed by
the court on an ex parte showing of good cause.
Note: Source-R.R. 4:102-2; former R. 4:83-2 amended and rule redesignated June 29,
1990 to be effective September 4, 1990; paragraphs (b) and (c) amended July 14, 1992 to be
effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1,
1994; paragraphs (a), (b), and (c) amended July 12, 2002 to be effective September 3, 2002;
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paragraphs (b) and (c) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a),
(b) and (c) amended July 9, 2008 to be effective September 1, 2008; caption amended, and
paragraphs (a), (b) and (c) amended and captions added August l, 2016 to be effective
September 1, 2016.
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