Guardianship Petition - Preparation Worksheet - New Jersey

NEW JERSEY ADULT GUARDIANSHIP ROUTING AND FILING WORKSHEET

Not a verified complaint. File the current forms required by the county Surrogate and Superior Court, Chancery Division, Probate Part. CN 10558 is limited to a DDD-eligible person-and-estate case; it is not the universal New Jersey guardianship petition.

1. Matter Information

Alleged incapacitated person (AIP): [________________________________]

Date of birth: [__/__/____]

Current residence: [________________________________]

County of residence: [________________________________]

Plaintiff or applicant: [________________________________]

Relationship to AIP: [________________________________]

Proposed guardian(s): [________________________________]

County Surrogate contact: [________________________________]

Attorney, if any: [________________________________]

2. Select the Filing Route

Route A — Standard Adult Guardianship Under Rule 4:86

☐ AIP is an adult.

☐ The case is not being filed solely through the DDD-specific Title 30 packet route.

☐ Obtain the current standard forms from the county Surrogate, including the standard verified complaint and accompanying certifications listed by the Judiciary.

☐ Do not transfer DDD-specific examination, supporting-document, or packet rules into this standard case without authority.

Route B — DDD-Eligible Person and Estate

☐ AIP has been determined eligible for or is receiving services from the Division of Developmental Disabilities.

☐ Guardianship of both the person and estate is requested.

☐ Use the current CN 10558 DDD person-and-estate packet.

Route C — DDD-Eligible Person Only

☐ AIP has been determined eligible for or is receiving DDD services.

☐ Guardianship of the person only is requested.

☐ Use the current CN 12009 DDD person-only packet.

Route D — Different Proceeding

☐ Minor guardianship, kinship legal guardianship, veteran guardianship, protective arrangement, emergency relief, interstate issue, or another proceeding applies.

Correct route and form source: [________________________________]

3. Scope and Least-Restrictive Review

Select the authority actually requested; do not ask for person-and-estate powers by default.

☐ Guardianship of the person only.

☐ Guardianship of the estate only.

☐ Guardianship of the person and estate.

☐ General guardianship requested.

☐ Limited guardianship requested, with retained decision-making areas identified below.

Decisions the AIP can make independently: [________________________________]

Decisions for which limited assistance may be sufficient: [________________________________]

Authority requested for the guardian: [________________________________]

Less-restrictive arrangements reviewed:

4. Examination and Certification Gate

Filing Through August 31, 2026

The current Judiciary standard-case guidance requires two certifications: two physicians, or one physician and one licensed practicing psychologist. Each professional must personally examine the AIP within 30 days before filing the standard application.

Filing On or After September 1, 2026

The adopted Rule 4:86-2(b)(2) amendment expands the permitted pairings to include one qualified physician plus either a qualified physician assistant under a delegation agreement or an Advance Practice Nurse under a joint protocol. A supervising or collaborating physician cannot separately supply the second certification. Use the forms then promulgated by the Administrative Director.

☐ No professional is signing outside the route-specific examination period.

☐ No supervising or collaborating physician is improperly used as the separate second affiant for a post-September 1 filing.

☐ Each certification addresses functional ability, the factual basis for the opinion, and the requested scope rather than only listing a diagnosis.

5. Standard-Case Form Assembly

For Route A, confirm the current Surrogate forms and local filing directions before submission.

☐ Adult Guardianship Case Information Statement.

☐ Verified Complaint.

☐ Two current professional certifications.

☐ Certification of Assets, even if guardianship of the estate is not requested.

☐ Certification of Criminal and Civil Judgment History for each proposed guardian.

☐ Proposed Order Fixing Guardianship Hearing Date and appointing counsel for the AIP.

☐ Appropriate proposed Judgment: person only, estate only if available and appropriate, or person and estate.

☐ Current next-of-kin and party-in-interest list.

☐ Prior guardianship, custody, commitment, protective-order, or related proceeding disclosed.

☐ Filing fee or fee-waiver materials confirmed with the county Surrogate.

6. AIP Rights and Hearing Preparation

☐ AIP remains an alleged incapacitated person unless and until the court enters a judgment.

☐ The court's Order Fixing Hearing Date controls service recipients, methods, and deadlines.

☐ AIP will be personally served with the required papers and separate rights notice as directed by the court.

☐ AIP has the right to oppose the action, appear personally or through counsel, and demand a jury trial.

☐ Court-appointed or retained counsel can interview the AIP, investigate circumstances and property, locate planning documents, and advocate for the AIP's wishes.

☐ Any request for a pendente lite temporary guardian is separately supported and limited to the powers and duration ordered by the court.

AIP's stated wishes, objections, and requested accommodations: [________________________________]

Interpreter or disability accommodation needed: [________________________________]

7. AIP Person and Estate Record

7.1 Person and Care

7.2 Assets, Income, and Obligations

☐ Guardianship of the estate is not requested merely because the AIP receives Social Security benefits; representative-payee status and other existing arrangements were reviewed.

8. Proposed Guardian Review

☐ Proposed guardian understands that appointment occurs only by judgment and authority begins only after qualification and issuance of Letters.

☐ Background-screening requirements and any exception are confirmed with the Surrogate and current forms.

☐ Any conflict, debt, joint account, expected inheritance, property occupancy, caregiver payment, or other personal interest is fully disclosed.

9. Bond, Qualification, and Letters

☐ No fixed bond amount is promised in the complaint.

☐ Bond will be posted only if and as ordered by the judge.

☐ Proposed guardian is prepared to qualify with the county Surrogate within 30 days after judgment.

☐ Acceptance of Guardianship, training acknowledgments, screening completion, and any ordered bond are ready for qualification.

☐ Guardian will not act before Letters of Guardianship issue.

10. Post-Judgment Reporting Control

The written judgment—not a generic covenant in this worksheet—controls which reports are required and when they are due.

☐ Judgment reviewed for person-report requirements.

☐ Judgment reviewed for estate inventory and accounting requirements.

☐ If ordered, Guardian Inventory calendared for the judgment's deadline; Judiciary guidance states it is typically due within 90 days.

☐ Required Report of Guardian cover page and current well-being or accounting forms obtained.

☐ Address, telephone, death, health-status, and other event-reporting terms copied from the actual judgment into the guardian's calendar.

☐ Detailed receipts, invoices, statements, and decision records will be maintained.

11. Removed Commercial Terms

Do not add any of the following to the verified complaint or proposed judgment without specific authority and case-specific justification:

☐ private default or cure period;

☐ estate indemnification of the guardian;

☐ liability cap tied to the bond;

☐ mandatory private fiduciary-insurance policy;

☐ arbitration or exclusive-forum clause;

☐ categorical jury waiver;

☐ severability, integration, successors-and-assigns, or electronic-original boilerplate; or

☐ automatic annual reporting terms that differ from the proposed judgment and final court order.

12. Preparation Certification — Not the Verified Complaint

The signer confirms only that this routing worksheet was reviewed. Sign and verify the official complaint and certifications in the manner required by the current forms.

Prepared by: [________________________________]

Role: ☐ Applicant ☐ Attorney ☐ Other: [________________]

Date: [__/__/____]

Sources and References

• New Jersey Judiciary — Guardianship Self-Help — current standard-case form list, DDD route selection, qualification, bond, and reporting guidance.
• CN 10558 — DDD-Eligible Guardianship of Person and Estate.
• CN 12009 — DDD-Eligible Guardianship of Person Only.
• Supreme Court of New Jersey, July 23, 2026 Omnibus Rule Amendment Order — Rule 4:86 amendments effective September 1, 2026.