4:86-7. Rights of an Incapacitated Person; Proceedings for Review of Guardianship
(a) An individual subject to a general or limited guardianship shall retain:
(1) The right to be treated with dignity and respect;
(2) The right to privacy;
advocate;
(3) The right to equal treatment under the law;
(4) The right to have personal information kept confidential;
(5) The right to communicate privately with an attorney or other
(6) 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
(7) 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 N.J.S.A. 3B:12-28.
(b) An incapacitated person, or an interested 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.
(c) 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 — R.R. 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 1, 2016.
