New rule 4:86-5. Proof of Service; Appearance of Alleged Incapacitated Person at Hearing; Answer
Not later than ten days [P]12rior to the hearing, the plaintiff shall file proof of
service of the notice, order for hearing, complaint and affidavits or certifications and proof by
affidavit that the alleged incapacitated person has been afforded the opportunity to appear
personally or by attorney, and that he or she has been given or offered assistance to communicate
with friends, relatives or attorneys. [The plaintiff or appointed counsel shall produce the alleged
incapacitated person at the hearing, unless the plaintiff and the court-appointed attorney certify
that the alleged incapacitated person is unable to appear because of physical or mental incapacity
and the court finds that it would be prejudicial to the health of the alleged incapacitated person or
unsafe for the alleged incapacitated person or others to do so. If the alleged incapacitated person
or any person receiving notice of the hearing intends to appear by an attorney, such person shall,
not later than five days before the hearing, serve and file an answer, affidavit, or motion in
response to the complaint.]
' ) "·· .... ' ' '· ~-'' ·, . Prior to the hearing, unless good cause shown, but no later than prior to
qualification. any proposed guardian must complete g~ardianship training as promulgated by the
Administrative Director of the Courts. Agencies authorized to act 12ursuant to P.L.1985, c. 298
(C.52:270-20 et seq.), P.L.1985. c. 145 (C.30:6D-23 et seq.), P.L.1965. c. 59 (C.30:4-165.1 et
seq.) and P.L.1970. c. 289 (C.30:4-165. 7 et seq.) and public officials appointed as limited
guardians of the person for medical purposes for individuals.in psychiatric facilities listed in
R.S.30:1-7 shall be exempt from this requirement.
~ The plaintiff or appointed counsel shall produce the alleged incapacitated person
at the hearing, unless the plaintiff and the court-appointed attorney certify that the alleged
incapacitated person is unable to appear because of physical or mental incapacity.
-79-
@ If the alleged incapacitated person or any person receiving notice of the hearing
intends to appear by an attorney, such person shall, not later than ten days before the hearing,
serve and file an answer, affidavit, or motion in response to the complaint.
Note: Source-R.R. 4:102-5; caption and text of former R. 4:83-5 amended and rule
redesignated June 29, 1990 to be effective September 4. 1990; amended July 12, 2002 to be
effective September 3, 2002; caption and text amended July 9, 2008 to be effective September 1,
2008; text amended and designated as paragraph (a) and new paragraphs (b), (c), and (d) added
August 1, 2016 to be effective September 1, 2016.
-
