4:86-9. Guardians for Incapacitated Persons Under Uniform Veterans Guardianship Law
(a) Complaint for Appointment. An action for the appointment of a guardian under N.J.S.A. 3B:13-1 et seq. for an alleged 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 alleged incapacitated person’s behalf.
(b) Complaint. The complaint shall state (1) the name, age and place of residence of the 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 alleged incapacitated person; (4) that such 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 alleged incapacitated person has been rated an incapacitated person on examination by a federal agency in accordance with the laws regulating the same.
(c) Proof of Necessity for Guardian of Incapacitated Person. A certificate by the chief officer, or his or her representative, stating the fact that the alleged incapacitated person has been rated an incapacitated person by a federal agency on examination in accordance with the laws and regulations governing such agency and that appointment is a condition precedent to the payment of money due the alleged incapacitated person by such agency shall be prima facie evidence of the necessity for making an appointment under this rule.
(d) Determination of Incapacity. 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 incapacity the 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 incapacity.
(e) Appointment of Guardian; Bond. Upon proof of notice duly given and a determination of 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 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.
(f) Termination of Guardianship When Incapacitated Person Regains Capacity. If the court has appointed a guardian for the estate of an incapacitated person, it may subsequently, on due notice, declare the incapacitated person to have regained 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 capacity of the 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 property and the name and address of the person or institution having actual custody of the incapacitated person.
(h) Definitions. Definitions contained in N.J.S. 3B:13-2 shall apply to the terms of this rule.
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.
