4:86-7. [Regaining Full or Partial Capacity] Rights of an Incapacitated Person; Proceedings for
Review of GuardianshipAn individual subject to a general or limited guardianship shall retain:
ill The right to be treated with dignity and respect;
ill The right to privacy;
m The right to equal treatment under the law;
ill The right to have personal information kept confidential;
ill The right to communicate privately with an attorney or other advocate;
£fil The right to petition the court to modify or terminate the guardianship, including
the right to meet privately with an attorney or other advocate to assist with this legal procedure,
as well as the right to petition for access to funds to cover legal fees and costs; and
ill The right to request the court to review the guardian's actions, request removal
and replacement of the guardian, and/or request that the court restore rights as provided in
NJ.S.A. 3B:12-28.
l])l [On the commencement of a separate summary action by the incapacitated person
or an interested person on his or her behalf, supported by affidavit and setting forth facts
evidencing that the previously incapacitated person no longer is incapacitated or has returned to
partial capacity, the court shall, on notice to the persons who would be set forth in a complaint
filed pursuant to Rule 4:86-1, set a date for hearing, take oral testimony in open court with or
without a jury, and may render judgment that the person no longer is fully or partially
incapacitated, that his or her guardianship be modified or discharged subject to the duty to
account, and that his or her person and estate be restored to his or her control, or render judgment
that the guardianship be modified but not terminated.] An incapacitated person, or an interested
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person on his or her behalf, may seek a return to full or partial capacity by commencing a
separate summary action by verified complaint. The complaint shall be supported by affidavits
or certifications as described in Rule 4:86-2(b)(2), and shall set forth facts evidencing that the
previously incapacitated person no longer is incapacitated or has returned to partial
capacity. The court shall, on notice to the persons who would be set forth in a complaint filed
pursuant to Rule 4:86-1, set a date for hearing and take oral testimony in open court with or
without a jury. The court may render judgment that the person no longer is fully or partially
incapacitated, that his or her guardianship be modified or discharged subject to the duty to
account, and that his or her person and estate be restored to his or her control, or may render
judgment that the guardianship be modified but not terminated.
L£l An incapacitated person, or an interested person on his or her behalf, may seek
review of a guardian's conduct and/or review of a guardianship by filing a motion setting forth
the basis for the relief requested. ·
Note: Source-RR. 4:102-7; former R. 4:83-7 amended and rule redesignated June 29,
1990 to be effective September 4, 1990; caption and text amended July 12, 2002 to be effective
September 3, 2002; caption and text amended July 9, 2008 to be effective September 1, 2008;
caption and text of former rule deleted, new caption adopted,.new paragraphs (a), (b), and (c)
adopted August 1, 2016 to be effective September L 2016. ·
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