4:86-9. Guardians for Incapacitated Persons Under Uniform Veterans Guardianship Law
Complaint for Appointment. An action for the appointment of a guardian under
NJS.A. 3B:13-l et seq. for [a ward] an alleged [to be a] incapacitated person shall be brought in
the Superior Court by any person entitled to priority of appointment. If there is no person so
entitled or if the person so entitled fails or refuses to commence the action within 30 days after
the mailing of notice by a federal agency to the last known address of such person entitled to
priority of appointment, indicating the necessity for the appointment, the action may be brought
by any person residing in this State, acting on the [ward's] alleged incapacitated person's behalf.
.(hl Complaint. The complaint shall state (1) the name, age and place of residence of
the [ ward] alleged incapacitated person; (2) the name and place of residence of the nearest
relative, if known; (3) the name and address of the person or institution, if any, having custody of
the [ ward] alleged incapacitated person; ( 4) that such [ ward] alleged incapacitated person is
entitled to receive money payable by or through a federal agency; (5) the amount of money due
and the amount of probable future payments; and (6) that the [ward] alleged incapacitated person
has been rated [a] an incapacitated person on examination by a federal agency in accordance
with the laws regulating the same .
.(fl Proof of Necessity for Guardian of [Mentally) Incapacitated Person. A certificate
by the chief officer, or his or her representative, stating the fact that the [ward] alleged
incapacitated person has been rated [ a mentally] an incapacitated person by a federal agency on
examination in accordance with the laws and ~egula'.ticins gbveming such agency and that
appointment is a condition precedent to the paymentofmoney due the [ward] alleged
incapacitated person by such agency shall be prima facie evidence of the necessity for making an
appointment under this rule.
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@ Determination of [Mental] Incapacity. [Mental i]Incapacity may be determined
on the certificates, without other evidence, of two medical officers of the military service, or of a
federal agency, certifying that by reason of [mental] incapacity the [ward] alleged incapacitated
person is incapable of managing his or her property, or certifying to such other facts as shall
satisfy the court as to such [mental] incapacity.
W Appointment of Guardian; Bond. Upon proof of notice duly given and a
determination of [ mental] incapacity, the court may appoint a proper person to be the guardian
and fix the amount of the bond. The bond shall be in an amount not less than that which will be
due or become payable to the [ward] incapacitated person in the ensuing year. The court may
from time to time require additional security. Before letters of guardianship shall issue, the
guardian shall accept the appointment in accordance with R. 4:96-1.
ill Termination of Guardianship When [Ward) Incapacitated Person Regains
[Mental] Capacity. If the court has appointed a guardian for the estate of [a ward] an
incapacitated person, it may subsequently, on due notice, declare the [ward] incapacitated person
to have regained [mental] capacity on proof of a finding and determination to that effect by the
medical authorities of the military service or federal agency or based on such other facts as shall
satisfy the court as to the [mental] capacity of the [ward) incapacitated person. The court may
thereupon discharge the guardian without further proceedings, subject to the settlement of his or
her account.
_(g} Complaint in Action to Have Guardian Receive Additional Personalty. The
complaint in an action to authorize the guardian, pursuant to law, to receive personal property
from any source other than the United States Government shall set forth the amount of such
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property and the name and address of the person or institution having actual custody of the
[ ward] incapacitated person .
.{hl ... no change.
Note: Source-R.R. 4:102-9(a) (b) (c) (d) (e) (f) (g) (h), 4:103-3 (second sentence).
Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended
July 26, 1984 to be effective September 10, 1984; paragraphs (a) through (f) and (h) of former R.
4:83-9 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; caption
amended, paragraphs (a) and (b) amended, paragraphs (c) and (d) captions and text amended,
paragraph ( e) amended, and paragraph (f) caption and text amended July 12, 2002 to be effective
September 3, 2002; paragraphs (a), (b), (e), and (g) amended, and paragraphs (c), (d), and (f)
caption and text amended August 1, 2016 to be effective September 1, 2016.
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