SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION – PROBATE PART

[COUNTY_NAME] COUNTY

Docket No.: _____

In the Matter of )
) VERIFIED PETITION FOR APPOINTMENT
[ALLEGED_INCAPACITATED_PERSON], ) OF GUARDIAN OF THE PERSON AND
) PROPERTY OF AN ALLEGED
An Alleged Incapacitated Person. ) INCAPACITATED PERSON

[PETITIONER_NAME], in the capacity described below, respectfully petitions this Court pursuant to N.J. Stat. Ann. § 3B:12-24 et seq. and Rule 4:86 of the New Jersey Rules of Court for the entry of an Order appointing a Guardian of the Person and Property of the above-captioned Alleged Incapacitated Person (“AIP”) and, in support thereof, states as follows:

[// GUIDANCE: Insert attorney letterhead above if required by local practice.]

TABLE OF CONTENTS

1. Defined Terms......................................................2
2. Jurisdiction; Venue...............................................3
3. Parties...........................................................3
4. Allegations of Incapacity.........................................4
5. Assets, Income & Liabilities......................................5
6. Proposed Guardian(s)..............................................6
7. Guardianship Plan & Scope of Authority............................7
8. Bond & Insurance..................................................8
9. Affirmative Representations & Warranties..........................9
10. Covenants & Ongoing Duties......................................10
11. Default; Removal; Remedies......................................11
12. Risk Allocation & Indemnification...............................12
13. Dispute Resolution & Protective Relief..........................13
14. General Provisions..............................................13
15. Prayer for Relief...............................................15
16. Verification; Certification of Accuracy.........................16
17. Execution / Notarization........................................17
18. Exhibits & Required Attachments................................E-1

1. DEFINED TERMS

For ease of reference, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings ascribed elsewhere in this Petition.

1.1 “AIP” means the above-captioned Alleged Incapacitated Person.
1.2 “Petitioner” means the individual(s) identified in Section 3.1.
1.3 “Proposed Guardian(s)” means the individual(s) identified in Section 6.1.
1.4 “Court” means the Superior Court of New Jersey, Chancery Division, Probate Part, [COUNTY_NAME] County.
1.5 “Guardianship Property” means all assets, income, rights, real and personal property, contractual benefits and entitlements in which the AIP presently holds or hereafter acquires an interest, whether legal or equitable.
1.6 “Professional Reports” means the affidavits or certifications of two physicians, or of one physician and one licensed practicing psychologist, in compliance with R. 4:86-2(b)(2), attached hereto as collective Exhibit B.

[// GUIDANCE: Add or delete defined terms depending on matter complexity.]

2. JURISDICTION; VENUE

2.1 This Court has subject-matter jurisdiction under N.J. Stat. Ann. § 3B:12-24 et seq. and R. 4:86.

2.2 Venue is proper in [COUNTY_NAME] County because the AIP:
a. resides at [AIP_RESIDENTIAL_ADDRESS]; and/or
b. is physically present in [COUNTY_NAME] County; and/or
c. owns property located in [COUNTY_NAME] County.

2.3 No previous guardianship petition concerning the AIP is presently pending in this or any other jurisdiction, except as disclosed in Exhibit A.

3. PARTIES

3.1 Petitioner.
Name: [PETITIONER_NAME]
Address: [PETITIONER_ADDRESS]
Relationship to AIP: [RELATIONSHIP]
Capacity: [E.g., Adult Child / Spouse / Interested Party under R. 4:86-2(a)]

3.2 The AIP.
Full Legal Name: [AIP_NAME]
Date of Birth: [AIP_DOB]
Current Residence: [AIP_RESIDENTIAL_ADDRESS]
Marital Status: [AIP_MARITAL_STATUS]
Dependents: [LIST_OR_NONE]

3.3 Interested Parties. A complete list of next of kin and other persons entitled to notice under R. 4:86-4 is attached as Exhibit C.

4. ALLEGATIONS OF INCAPACITY

4.1 Nature of Condition. The AIP suffers from [MEDICAL_DIAGNOSIS], resulting in the inability to govern his/her affairs and manage property.

4.2 Professional Findings. The Professional Reports (Exhibit B) conclude that the AIP lacks capacity to (i) perform basic self-care functions; and (ii) understand, make, or communicate responsible decisions concerning person and property.

4.3 Least-Restrictive Alternative. Petitioner has considered less-restrictive alternatives, including powers of attorney, representative payee arrangements, and supportive decision-making agreements, and has concluded that none adequately protect the AIP.

4.4 Immediacy of Need. Absent the appointment of a Guardian, the AIP is at substantial risk of (i) financial exploitation, (ii) deterioration of physical and mental health, and (iii) inability to access necessary governmental benefits.

5. ASSETS, INCOME & LIABILITIES

5.1 Estimated Gross Monthly Income: $[MONTHLY_INCOME] (Social Security, pensions, annuities, etc.).

5.2 Guardianship Property. See Preliminary Inventory attached as Exhibit D, summarizing:
a. Real Property: [BRIEF_DESCRIPTION & FAIR_MARKET_VALUE]
b. Personal Property: [BANK_ACCOUNTS, SECURITIES, VEHICLES, etc.]
c. Liabilities: [MORTGAGE, CREDIT_CARDS, MEDICAL_BILLS].

5.3 Public Benefits. The AIP currently receives [BENEFIT_TYPE] at the rate of $[AMOUNT] per month and may be eligible for [OTHER_BENEFITS].

6. PROPOSED GUARDIAN(S)

6.1 Identification.
Name: [GUARDIAN_NAME]
Address: [GUARDIAN_ADDRESS]
Relationship: [RELATIONSHIP]
Occupation: [GUARDIAN_OCCUPATION]

6.2 Qualifications. The Proposed Guardian:
a. Is over 18 and a resident of [STATE];
b. Has never been convicted of a disqualifying crime;
c. Is capable of performing fiduciary duties;
d. Has provided the Consent to Serve attached as Exhibit E.

6.3 Waiver or Reduction of Bond. If waiver or reduction is sought, state statutory basis and attach supporting certifications.

7. GUARDIANSHIP PLAN & SCOPE OF AUTHORITY

7.1 Personal Decisions. Authority to make medical, housing, and lifestyle determinations, subject to periodic Court review.

7.2 Financial Decisions. Authority to collect income, pay expenses, invest assets prudently, and apply for public benefits.

7.3 Reporting.
a. Initial Inventory within 90 days of qualification;
b. Annual Fiduciary Reports on the anniversary of appointment;
c. Medical Status Reports as required by R. 4:86-6.

7.4 Limited vs. Plenary. [SELECT_ONE]:
☐ Plenary Guardianship (full authority)
☐ Limited Guardianship as follows: [DESCRIBE_LIMITATIONS].

[// GUIDANCE: Tailor scope to medical findings to comply with NJ’s least-restrictive mandate.]

8. BOND & INSURANCE

8.1 Bond Amount. Petitioner proposes a bond in the penal sum of $[BOND_AMOUNT] in conformity with N.J. Stat. Ann. § 3B:15-1.

8.2 Surety. [SURETY_COMPANY_NAME], duly authorized in New Jersey, will issue the bond concurrently with the Guardian’s qualification.

8.3 Adjustment. The Court may increase or reduce bond upon application if the value of Guardianship Property materially changes.

9. AFFIRMATIVE REPRESENTATIONS & WARRANTIES

Petitioner and Proposed Guardian jointly represent and warrant that:

9.1 Accuracy. All factual statements herein and in attached exhibits are true, complete, and correct.

9.2 Fiduciary Capacity. Proposed Guardian will discharge duties in good faith, with the degree of care, prudence, and diligence required of a fiduciary under New Jersey law.

9.3 Conflicts of Interest. No undisclosed conflict of interest exists between the Proposed Guardian and the AIP.

9.4 Compliance. Proposed Guardian will comply with all applicable statutes, court rules, and reporting requirements.

10. COVENANTS & ONGOING DUTIES

The Proposed Guardian covenants and agrees that, upon appointment:

10.1 Inventories & Accountings. Will file timely inventories, annual accountings, and medical status reports.

10.2 Record-Keeping. Will maintain contemporaneous books and records, subject to audit.

10.3 Notice of Material Events. Will notify the Court and all interested parties within 15 days of any (i) relocation of the AIP, (ii) major medical event, or (iii) substantial asset change.

10.4 Compliance with Bond Terms. Will strictly observe all conditions of the fiduciary bond.

11. DEFAULT; REMOVAL; REMEDIES

11.1 Events of Default.
a. Failure to file required reports;
b. Misapplication or misappropriation of guardianship funds;
c. Material breach of fiduciary duty;
d. Conviction of a crime involving dishonesty;
e. Incapacity or death of Guardian.

11.2 Cure Period. Except for emergencies, the Guardian shall have 15 days after written notice from any interested party or the Court to cure a default.

11.3 Remedies. Upon default, the Court may:
a. Suspend or remove the Guardian;
b. Require a new or increased bond;
c. Surcharge the Guardian and enforce the bond;
d. Appoint a successor guardian.

12. RISK ALLOCATION & INDEMNIFICATION

12.1 Indemnification. The Guardianship Estate shall indemnify the Guardian against claims arising from good-faith acts or omissions within the scope of Court-authorized duties, except for willful misconduct, gross negligence, or breach of fiduciary duty.

12.2 Liability Cap. The Guardian’s personal liability for ordinary negligence is limited to the penal sum of the bond plus unreimbursed misapplied assets.

12.3 Insurance. The Guardian shall maintain [FIDUCIARY_LIABILITY_INSURANCE] with limits not less than $[LIMIT], naming the Estate as an additional insured where available.

[// GUIDANCE: Courts may restrict indemnity. Consult local practice before finalizing.]

13. DISPUTE RESOLUTION & PROTECTIVE RELIEF

13.1 Governing Law. This Petition and all related proceedings shall be governed by the laws of the State of New Jersey.

13.2 Forum Selection. Exclusive jurisdiction lies in the Superior Court of New Jersey, Chancery Division, Probate Part, [COUNTY_NAME] County.

13.3 Arbitration. Not applicable; matters are within the exclusive jurisdiction of the Probate Part.

13.4 Jury Waiver. Pursuant to Court Rules, no jury trial is available in guardianship matters unless otherwise ordered.

13.5 Injunctive Relief. The Court retains authority to issue protective orders to prevent waste, fraud, or abuse of the AIP or Guardianship Property.

14. GENERAL PROVISIONS

14.1 Amendment. Any amendment to the Guardianship Plan or scope of authority requires prior Court approval.

14.2 Successor Guardians. Upon resignation, death, or removal, a successor guardian shall be appointed pursuant to further Order of this Court.

14.3 Severability. If any provision herein is deemed unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.

14.4 Integration. This Petition, together with its exhibits, constitutes the entire submission in support of the requested relief.

14.5 Electronic Signatures. Electronic signatures are accepted to the fullest extent permitted by law and Court Rules.

15. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Schedule a hearing on an expedited basis;
B. Enter an Order:
1. Adjudicating the AIP to be incapacitated;
2. Appointing [GUARDIAN_NAME] as Guardian of the Person and Property, with powers as set forth in Section 7;
3. Fixing bond in the amount of $[BOND_AMOUNT];
4. Directing issuance of Letters of Guardianship upon qualification;
5. Appointing counsel for the AIP pursuant to R. 4:86-4(b);
6. Granting such other and further relief as the Court deems just and equitable.

16. VERIFICATION; CERTIFICATION OF ACCURACY

I, [PETITIONER_NAME], of full age, hereby certify and affirm under penalty of perjury that:

1. I am the Petitioner in the foregoing matter;
2. I have read the Petition and know the contents thereof;
3. The statements made therein are true to the best of my knowledge, information, and belief;
4. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

Date: ___ _____
[PETITIONERNAME], Petitioner

[// GUIDANCE: Affix jurat and notary acknowledgment per R. 1:4-7.]

17. EXECUTION / NOTARIZATION

Subscribed and sworn to before me on this ___ day of _, 20_, in the State of New Jersey, County of ______.

Notary Public of New Jersey
My Commission Expires: _____

18. EXHIBITS & REQUIRED ATTACHMENTS

E-1 Exhibit A – Prior Proceedings Statement
E-2 Exhibit B – Professional Reports (Physician/Psychologist Certifications)
E-3 Exhibit C – List of Interested Parties & Affidavit of Service
E-4 Exhibit D – Preliminary Inventory of Assets & Liabilities
E-5 Exhibit E – Consent to Serve & Acceptance of Fiduciary Duties
E-6 Exhibit F – Proposed Order Fixing Hearing Date and Appointing Counsel
E-7 Exhibit G – Proposed Judgment of Incapacity and Appointment of Guardian
E-8 Exhibit H – Fiduciary Bond Form

[// GUIDANCE: Local practice may require additional forms, such as the Confidential Case Information Statement (Promulgated CN). Verify county-specific checklists.]