Free Model Guardianship Order for Hearing - New Jersey

Model Order for Scheduling Hearing for Guardianship of Alleged Incapacitated Person (Rule 4:86-4) Promulgated by Directive #10-08

SUPERIOR COURT OF NEW JERSEY COUNTY CHANCERY DIVISION PROBATE PART Docket No.: In the Matter of Alleged Incapacitated Person , an CIVIL ACTION ORDER FIXING GUARDIANSHIP HEARING DATE AND APPOINTING ATTORNEY FOR ALLEGED INCAPACITATED PERSON

This matter having been opened to the Court by ________________________ , attorney for the plaintiff, __________________________________________ for a judgment declaring _________________________ an incapacitated person and appointing a guardian pursuant to N.J.S.A. 3B:12-24.1 and Rules 4:86-1 to 8 and for such other relief as the Court may deem just, and the Court having read and considered the verified complaint, the supporting certifications or affidavits, and all other papers and pleadings filed in this matter, and for good cause shown: IT IS on this ________ day of __________________, 20___, ORDERED that: 1. This matter be set down for hearing before this Court at the ______________ County Court House, _______________________________, New Jersey, on the _________ day of __________________, 20___ , at ________ o'clock in the ______ noon, or as soon thereafter as plaintiff may be heard, to determine the issues of incapacity of _____________________________ and the appointment of a guardian. 2. A copy of the verified complaint, supporting affidavits or certifications and this Order, shall be served on _____________________________, the alleged incapacitated person, by personally serving the same at least 20 days prior to the date scheduled for the hearing. 3. A separate notice shall be personally served on the alleged incapacitated person stating that if he/she desires to oppose the action he/she may appear either in person or by attorney and may demand a trial by jury. 4. A copy of the verified complaint, supporting affidavits or certifications and this Order shall also be served on all the next-of-kin and other parties-in-interest identified in the verified complaint by certified mail, return receipt requested at least 20 days prior to the date scheduled for the hearing.
Promulgated by Directive #10-08 (05/20/08), CN 11220-English page 1 of 2

5. _________________, Esquire, whose address is: _____________________________ and telephone number is: _______________________ be and hereby is appointed as attorney for the alleged incapacitated person. Said attorney shall personally interview the alleged incapacitated person, examine the medical records, make inquiry of persons having knowledge of the alleged incapacitated person's circumstances, his/her physical and mental state and his/her property, make reasonable inquiries to locate any Will, powers of attorney or health care directives previously executed by the alleged incapacitated person, or to discover any interests the alleged incapacitated person may have as a beneficiary of a will or trust. Said attorney shall prepare a written report of findings and recommendations and an affidavit of services to be filed with the Court and with the plaintiff's attorney and other parties who have filed a written response at least ____ days prior to the hearing. 6. A copy of the verified complaint, supporting affidavits or certifications and this Order shall be immediately served on the attorney for the alleged incapacitated person by personal service or certified mail, return receipt requested. 7. The attorney above appointed to represent the alleged incapacitated person is hereby regarded as a HIPAA (Health Insurance Portability and Accountability Act) representative for the alleged incapacitated person and shall have the right and power to examine records, including medical and psychiatric records, pertaining to the alleged incapacitated person and to visit and confer with the alleged incapacitated person. 8. The plaintiff shall file with the Surrogate of _________ County a proof of service of the pleadings required by this order to be served on the alleged incapacitated person and the parties in interest no later than _____ (__) days before the date this matter is scheduled to be heard. 9. Any next-of-kin and other party-in-interest who wishes to be heard with respect to any of the relief requested in the verified complaint shall file with the Surrogate of ______________ County at [insert address of Surrogate in the County where the action is being brought] together with the applicable filing fee and serve upon the attorney for the plaintiff and the attorney for the alleged incapacitated person at the address set forth above, a written answer, an answering affidavit , a motion returnable on the date this matter is scheduled to be heard or other written response _____ days before the date this matter is scheduled to be heard.

__________________________________ J. S. C.

Promulgated by Directive #10-08 (05/20/08), CN 11220-English

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