Mode JUDGMENT OF LEGAL INCAPACITY & APPOINTING A GUARDIAN

Mode JUDGMENT OF LEGAL INCAPACITY & APPOINTING A GUARDIAN

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION [insert county] COUNTY
PROBATE PART



In the Matter of [insert the incapacitated
person’s name], an Incapacitated Person

Docket No.

CIVIL ACTION

JUDGMENT OF LEGAL INCAPACITY AND
APPOINTING A GUARDIAN OF THE PERSON
AND ESTATE


THIS MATTER being opened to the Court by [insert the plaintiff attorney’s name], attorney
for [insert the plaintiff’s name], in the presence of [insert the court appointed attorney’s name], attorney for
the then alleged incapacitated person, and [insert the incapacitated person’s name], the then alleged
incapacitated person, and no demand having been made for a jury trial, and the Court sitting
without a jury having found from the report of [insert the court appointed attorney’s name], Esq.,
together with the report of the examining physicians [insert the name of the physician] M.D. and
[insert the name of the physician] M.D. (alternate licensed practicing psychologist) and proofs given that
[insert the incapacitated person’s name] is an incapacitated person who lacks sufficient capacity to
govern himself/herself and manage his/her affairs, and it further appearing that [insert the
proposed guardian’s name] consents to serve as Guardian of the Person and Estate of [insert the
incapacitated person’s name] and for good cause shown:
IT IS on this ___ day of ____________, 20 ___ ORDERED AND ADJUDGED that:
1. [Insert the incapacitated person’s name] is an incapacitated person and is unfit and
unable to govern himself/herself and manage his/her affairs, except that [insert the incapacitated
person’s name] is fully able at this time to govern himself/herself and manage his/her own
affairs with respect to the following areas: [insert areas of decision making that the incapacitated person
retains, such as, living arrangements, marriage, advance directives, voting, gifting, manage finances, execute a will,
establish a trust, execute contracts, make judgments regarding daily activities et cetera].
2. [Insert the proposed guardian’s name] be and hereby is appointed Guardian of the
Person and Estate of [insert the incapacitated person’s name] and that Letters of Guardianship of the
Person and Estate be issued upon his/her (a) qualify according to law, (b) acknowledging to
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the Surrogate of [insert county] County, upon receipt of a copy of the guardian’s manual and
annual report form, the receipt of the same and (c) entering into a surety bond unto the
Superior Court of New Jersey in the amount of $_____________, which bond shall contain
the conditions set forth N.J.S.A. 3B:15-7 and R. 1:13-3. The court shall approve the bond as
to form and sufficiency.
3. Upon qualifying, the Surrogate of [insert county] County shall issue Letters of
Guardianship of the Person and Estate to [insert the proposed guardian’s name] and thereupon [insert
the proposed guardian’s name] be and hereby is authorized to perform all the functions and duties
of a Guardian as allowed by law, except as limited herein or in areas where [insert the
incapacitated person’s name] retains decision making rights.
4. The Guardian of the Estate may not alienate, mortgage, transfer or otherwise
encumber or dispose of real property without court approval. Said limitation shall be stated
in the Letters of Guardianship.
5. The court having reviewed the affidavit or certification of services of [insert the
court appointed attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s
name] shall pay [insert the court appointed attorney’s name], court-appointed attorney for [insert the
incapacitated person’s name], a fee of $_______________ for professional services rendered and
$___________ for expenses incurred, which disbursements are hereby approved.
6. The court having reviewed the affidavit or certification of services of [insert the
plaintiff attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s name]
shall pay [insert the plaintiff attorney’s name], attorney for plaintiff, a fee of $_____________ for
professional services and $______________ for expenses incurred, which sum includes
reimbursement or payment of the cost of the physician affidavits or certifications, which
disbursements are hereby approved.
7. [Insert the proposed guardian’s name] is hereby directed to file annually a report of the
well-being of [insert the incapacitated person’s name]. The report must be filed each year on the
anniversary date of this Judgment with the Surrogate of [insert county] County.
[IF APPLICABLE]
A copy of the report must also be served upon [insert the court appointed attorney’s name or next-of-kin].
8. [Insert the proposed guardian’s name] is directed to file an annual informal accounting
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on the anniversary date of this judgment, or any time as ordered by this court, with the
Surrogate of [insert county] County. Said annual informal account does not replace or satisfy
the duty to file and bring on for approval a formal accounting as required by law or as
ordered by the court.
[IF APPLICABLE]
A copy of the informal accountings must also be served upon [insert the court appointed attorney’s
name or next-of-kin]..
9. [Insert the proposed guardian’s name] is hereby directed to advise the Surrogate of
[insert county] County within ten (10) days of any changes in the address or telephone number
of himself or herself or the incapacitated person or within thirty (30) days of the incapacitated
person’s death or of any major change in status or health.
10. [Insert the proposed guardian’s name] shall cooperate fully with any Court staff or
volunteers until the guardianship is terminated by the death or return to competency of [insert
the incapacitated person’s name] or the Guardian’s death, removal or discharge.
11. [Insert the plaintiff attorney’s name], attorney for plaintiff, shall serve a copy of this
Judgment upon all interested parties and attorneys of record within seven (7) days from the
receipt hereof.
12. [Insert the proposed guardian of the estate’s name] shall file with the Court within 90
days, an inventory of all of the incapacitated person’s property and income. Within said
period a copy of the inventory shall be served on all next-of-kin and parties in interest.
13. [Insert the court appointed attorney’s name], court appointed attorney for [insert the
incapacitated person’s name], having reported to the court and advocated on behalf of the
incapacitated person, be and hereby is discharged from any further obligation to act as
attorney for [insert the incapacitated person’s name].
[USE IF APPLICABLE]
14. It appearing that the plaintiff and the attorney appointed to represent the alleged
incapacitated person have inquired about powers-of-attorney, health care directives and trusts
for the benefit of the incapacitated person that were executed by the incapacitated person and
proof of service having been made on the attorneys-in-fact, representative or trustee
designated in such document or documents, and good cause shown appearing that the
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authority therein contained should be revoked [alternate language: modified]
It is ORDERED and ADJUDGED that the power and authority conferred by [insert an
appropriate description, such as, a power of attorney executed on (date) designating [insert the agent’s name] as
attorney-in-fact, health care representative or trustee] be and hereby is revoked [alternate language: modified
as follows (insert narrative of modification)].
[USE IF APPLICABLE]
Nothing herein shall affect or limit the [insert an appropriate description of any power of attorney, health
care directive or revocable trust that will not be revoked or modified, notwithstanding the principal’s incapacity and the
report by the attorney for the alleged incapacitated person].
[USE IF APPLICABLE]It further appearing that [insert the name] [insert appropriate
description, such as, attorney-in-fact or trustee] under a [insert date executed] [insert appropriate description,
such as, power of attorney or revocable trust] has power and control over the incapacitated person’s
real and personal property and doubt or concern, whether the [insert attorney in fact or trustee]
is acting within the powers delegated or is acting solely for the benefit of the
incapacitated person, having been raised.
It is hereby ORDERED and ADJUDGED that [insert name] [insert appropriate description, such
as, attorney-in-fact or trustee] under the herein revoked [alternate modified] [insert appropriate description,
such as, power of attorney or revocable trust] shall within sixty (60) days serve upon the guardian of
the incapacitated person’s estate an accounting that reports all corpus and income receipts
and disbursements under the said [insert appropriate description, such as, power of attorney or revocable
trust].
[USE IF APPLICABLE]
15. It appearing that the best interest of the incapacitated persons requires that the
attorney appointed for the incapacitated person should review and report on the [initial]
ability of the Guardian to perform and fulfill the duties required. [Insert the court appointed
attorney’s name], be and hereby is directed to continue to act on behalf of the court and [insert the
incapacitated person’s name] for a period of [insert the number of months, years or until the ward dies or is
returned to competency that the court determines is appropriate]. During said continuing period [insert the
court appointed attorney’s name] must review all reports, accountings and [here insert any special
functions, i.e., confirm the placement of the incapacitated person in a nursing home, confirm marshalling of assets,
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confirm that the Guardian has created estate books and records et cetera] and shall communicate to the court
through the surrogate’s office any matters or issues that he or she perceives are necessary to
be identified and raised for the best interest of [insert the incapacitated person’s name]. While acting
pursuant to the terms of this order, [insert the court appointed attorney’s name] shall be vested with
such immunities or other defenses that an agent of the court is entitled to claim.
16. [Here insert any additional powers, limitations or conditions deemed necessary to protect the
incapacitated person and his/her estate.]
______________________________________
J.S.C
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