4:86-1.
Complaint
Every
action for the determination of mental incapacity of a person and for the
appointment of a guardian of that person or of the persons estate or both,
other than an action with respect to a veteran under N.J.S.A. 3B:13-1 et seq.,
shall be brought pursuant to R. 4:86-1 through R. 4:86-8. The complaint shall
state the name, age, domicile and address of the plaintiff, of the alleged
mentally incapacitated person and of the alleged mentally incapacitated persons
spouse, if any; the plaintiffs relationship to the alleged mentally
incapacitated person; the plaintiffs interest in the action; the names,
addresses and ages of the alleged mentally incapacitated persons children, if
any, and the names and addresses of the alleged mentally incapacitated persons
parents and nearest of kin; the name and address of the person or institution
having the care and custody of the alleged mentally incapacitated person; and
if the alleged mentally incapacitated person has lived in an institution, the
period or periods of time the alleged mentally incapacitated person has lived
therein, the date of the commitment or confinement, and by what authority
committed or confined. The complaint also shall state the name and address of
any person named as attorney-in-fact in any power of attorney executed by the
alleged mentally incapacitated person, any person named as health care
representative in any health care directive executed by the alleged mentally
incapacitated person, and any person acting as trustee under a trust for the
benefit of the alleged mentally incapacitated person. Note: Source-R.R.
4:102-1. Amended July 22, 1983 to be effective September 12, 1983; former R.
4:83-1 amended and rule redesignated June 29, 1990 to be effective September 4,
1990; R. 4:86 caption amended, and text of R. 4:86-1 amended July 12, 2002 to
be effective September 3, 2002. 4:86-2. Accompanying Affidavits
The
allegations of the complaint shall be verified as prescribed by R. 1:4-7 and
shall have annexed thereto: (a) An affidavit stating the nature, location and
fair market value (1) of all real estate in which the alleged mentally
incapacitated person has or may have a present or future interest, stating the
interest, describing the real estate fully or by metes and bounds, and stating
the assessed valuation thereof; and (2) of all the personal estate which he or
she is, will or may in all probability become entitled to, including the nature
and total or annual amount of any compensation, pension, insurance, or income
which may be payable to the alleged mentally incapacitated person. If the
plaintiff cannot secure such information, the complaint shall so state and give
the reasons therefor, and the affidavit submitted shall in that case contain as
much information as can be secured in the exercise of reasonable diligence; (b)
Affidavits of two reputable physicians, having qualifications set forth in
N.J.S.A. 30:4-27.2t. If an alleged mentally incapacitated person has been
committed to a public institution and is confined therein, one of the
affidavits shall be that of the chief executive officer, the medical director,
or the chief of service providing that person is also the physician with
overall responsibility for the professional program of care and treatment in
the administrative unit of the institution. However, where an alleged mentally
incapacitated person is domiciled within this State but resident elsewhere, the
affidavits may be those of physicians who are residents of the state or
jurisdiction of the alleged mentally incapacitated persons residence. Each
affiant shall have made a personal examination of the alleged mentally
incapacitated person not more than 30 days prior to the filing of the
complaint, but said time period may be relaxed by the court on an ex parte
showing of good cause. To support the complaint, each affiant shall state: (1)
the date and place of the examination; (2) whether the physician is a treating
or examining physician; (3) whether the physician is disqualified under R.
4:86-3; (4) the diagnosis and prognosis and factual basis therefor; (5) for
purposes of ensuring that the alleged mentally incapacitated person is the same
individual who was examined, a physical description of the person examined,
including but not limited to sex, age and weight; and (6) the affiants opinion
that the alleged mentally incapacitated person is unfit and unable to govern
himself or herself and to manage his or her affairs and shall set forth with
particularity the circumstances and conduct of the alleged mentally
incapacitated person upon which this opinion is based, including a history of
the alleged mentally incapacitated persons condition. The affidavit should also
include an opinion whether the alleged mentally incapacitated person is capable
of attending the hearing and if not, the reasons for the individuals inability.
(c) In lieu of the affidavits provided for in paragraph (b), an affidavit of
one reputable physician having the qualifications as required by paragraph (b),
stating that he or she has endeavored to make a personal examination of the
alleged mentally incapacitated person not more than 30 days prior to the filing
of the complaint but that the alleged mentally incapacitated person or those in
charge of him or her have refused or are unwilling to have the affiant make
such an examination. The time period herein prescribed may be relaxed by the
court on an ex parte showing of good cause. Note: Source-R.R. 4:102-2; former
R. 4:83-2 amended and rule redesignated June 29, 1990 to be effective September
4, 1990; paragraphs (b) and (c) amended July 14, 1992 to be effective September
1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994;
paragraphs (a), (b), and (c) amended July 12, 2002 to be effective September 3,
2002. 4:86-3. Disqualification of Physician
No
affidavit shall be submitted by a physician who is related, either through
blood or marriage, to the alleged mentally incapacitated person or to a
proprietor, director or chief executive officer of any institution (except
state, county or federal institutions) for the care and treatment of the
mentally ill in which the alleged mentally incapacitated person is living, or
in which it is proposed to place him or her, or who is professionally employed
by the management thereof as a resident physician, or who is financially
interested therein. Note: Source-R.R. 4:102-3; former R. 4:83-3 amended and
rule redesignated June 29, 1990 to be effective September 4, 1990; amended July
12, 2002 to be effective September 3, 2002. 4:86-4. Order for Hearing (a)
Contents of Order. If the court is satisfied with the sufficiency of the
complaint and supporting affidavits and that further proceedings should be
taken thereon, it shall enter an order fixing a date for hearing and requiring
that at least 20 days notice thereof be given to the alleged mentally
incapacitated person, any person named as attorney-in-fact in any power of
attorney executed by the alleged mentally incapacitated person, any person
named as health care representative in any health care directive executed by
the alleged mentally incapacitated person, and any person acting as trustee
under a trust for the benefit of the alleged mentally incapacitated person, the
alleged mentally incapacitated persons spouse, children 18 years of age or
over, parents, the person having custody of the alleged mentally incapacitated
person, the attorney appointed pursuant to R. 4:86-4(b), and such other persons
as the court directs. Notice shall be effected by service of a copy of the
order, complaint and supporting affidavits upon the alleged mentally
incapacitated person personally and upon each of the other persons in such
manner as the court directs. The court, in the order, may, for good cause,
allow shorter notice or dispense with notice, but in such case the order shall
recite the ground therefor, and proof shall be submitted at the hearing that
the ground for such dispensation continues to exist. A separate notice shall,
in addition, be personally served on the alleged mentally incapacitated person
stating that if he or she desires to oppose the action he or she may appear
either in person or by attorney and may demand a trial by jury. (b) Appointment
and Duties of Counsel. The order shall include the appointment by the court of
counsel for the alleged mentally incapacitated person. Counsel shall 1)
personally interview the alleged mentally incapacitated person; 2) make inquiry
of persons having knowledge of the alleged mentally incapacitated persons
circumstances, his or her physical and mental state and his or her property; 3)
make reasonable inquiry to locate any will, powers of attorney, or health care
directives previously executed by the alleged mentally incapacitated person or
to discover any interests the alleged mentally incapacitated person may have as
beneficiary of a will or trust. At least three days prior to the hearing date
counsel shall file a report with the court and serve a copy thereof on
plaintiffs attorney and other parties who have formally appeared in the matter.
The report shall contain the information developed by counsels inquiry; shall
make recommendations concerning the courts determination on the issue of mental
incapacity; may make recommendations concerning the suitability of less
restrictive alternatives such as a conservatorship or a delineation of those
areas of decision-making that the alleged mentally incapacitated person may be
capable of exercising; and whether a case plan for the mentally incapacitated
person should thereafter be submitted to the court. The report shall further state
whether the alleged mentally incapacitated person has expressed dispositional
preferences and, if so, counsel shall argue for their inclusion in the judgment
of the court. The report shall also make recommendations concerning whether
good cause exists for the court to order that any power of attorney, health
care directive, or revocable trust created by the alleged mentally
incapacitated person be revoked or the authority of the person or persons
acting thereunder be modified or restricted. If the alleged mentally
incapacitated person obtains other counsel, such counsel shall notify the court
and appointed counsel at least five days prior to the hearing date. (c)
Examination. If the affidavit supporting the complaint is made pursuant to R.
4:86-2(c), the court may, on motion and upon notice to all persons entitled to
notice of the hearing under paragraph (a), order the alleged mentally
incapacitated person to submit to an examination. The motion shall set forth
the names and addresses of the physicians who will conduct the examination, and
the order shall specify the time, place and conditions of the examination. Upon
request, the report thereof shall be furnished to either the examined party or
his or her attorney. (d) Guardian Ad Litem. At any time prior to entry of
judgment, where special circumstances come to the attention of the court by
formal motion or otherwise, a guardian ad litem may, in addition to counsel, be
appointed to evaluate the best interests of the alleged mentally incapacitated
person and to present that evaluation to the court. (e) Compensation. The
compensation of the appointed counsel and of the guardian ad litem, if any, may
be fixed by the court to be paid out of the estate of the alleged mentally
incapacitated person or in such other manner as the court shall direct. Note:
Source-R.R. 4:102-4(a)(b). Paragraph (b) amended July 16, 1979 to be effective
September 10, 1979; paragraph (a) amended July 21, 1980 to be effective
September 8, 1980; paragraph (a) amended July 16, 1981 to be effective
September 14, 1981; caption of former R. 4:83-4 amended, caption and text of
paragraph (a) amended and in part redesignated as paragraph (b) and former
paragraph (b) redesignated as paragraph (c) and amended, and rule redesignated
June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13,
1994 to be effective September 1, 1994; paragraph (b) amended and paragraphs
(d) and (e) added June 28, 1996 to be effective September 1, 1996; paragraphs
(a), (b), (c), (d), and (e) amended July 12, 2002 to be effective September 3,
2002. 4:86-5. Proof of Service; Appearance of Mentally Incapacitated Person at
Hearing; Answer
Prior
to the hearing, the plaintiff shall file proof of service of the notice, order
for hearing, complaint and affidavits and proof by affidavit that the alleged
mentally incapacitated person has been afforded the opportunity to appear
personally or by attorney, and that he or she has been given or offered
assistance to communicate with friends, relatives, or attorneys. The plaintiff
or appointed counsel may produce the alleged mentally incapacitated person at
the hearing or the court may direct the plaintiff to do so, unless the court
finds that it would be prejudicial to the health of the alleged mentally
incapacitated person or unsafe for the alleged mentally incapacitated person or
others to do so. If the alleged mentally incapacitated person or any person
receiving notice of the hearing intends to appear by an attorney, such person
shall, not later than five days before the hearing, serve and file an answer to
the complaint. Note: Source-R.R. 4:102-5; caption and text of former R. 4:83-5
amended and rule redesignated June 29, 1990 to be effective September 4, 1990;
caption and text amended July 12, 2002 to be effective September 3, 2002.
4:86-6. Hearing; Judgment
(a)
Trial. Unless a trial by jury is demanded by or on behalf of the alleged
mentally incapacitated person, or is ordered by the court, the court without a jury
shall, after taking testimony in open court, determine the issue of mental
incapacity. If there is no jury, the court, with the consent of counsel for the
alleged mentally incapacitated person, may take the testimony of a physician by
telephone or may dispense with the physicians oral testimony and rely on the
affidavits submitted pursuant to R. 4:86-2(b). Telephone testimony shall be
recorded verbatim. (b) Motion for New Trial. A motion for a new trial shall be
served not later than 30 days after the entry of the judgment. (c) Appointment
of Guardian. If a guardian of the person or of the estate or of both the person
and the estate is to be appointed, the court shall appoint and letters shall be
granted to the mentally incapacitated persons spouse, if the spouse was living
with the mentally incapacitated person as husband or wife at the time the
mental incapacity arose, or to the mentally incapacitated persons next of kin;
or if none of them will accept the appointment or if the court is satisfied that
no appointment from among them will be in the best interests of the mentally
incapacitated person, then the court shall appoint and letters shall be granted
to such other person who will accept appointment as the court determines is in
the best interests of the mentally incapacitated person. Before letters of
guardianship shall issue, the guardian shall accept the appointment in
accordance with R. 4:96-1. The judgment appointing the guardian shall fix the
amount of the bond, unless dispensed with by the court. The order of
appointment shall require the guardian of the estate to file with the court
within 90 days of appointment an inventory specifying all property and income
of the mentally incapacitated persons estate, unless the court dispenses with
this requirement. Within this time period, the guardian of the estate shall
also serve copies of the inventory on all next of kin and such other interested
parties as the court may direct. The order shall also require the guardian to
keep the Surrogate continuously advised of the whereabouts and telephone number
of the guardian and of the mentally incapacitated person and to advise the
Surrogate within 30 days of the mentally incapacitated persons death or of any
major change in his or her status or health. Note: Source-R.R.
4:102-6(a)(b)(c), 4:103-3 (second sentence). Paragraph (a) amended July 26,
1984 to be effective September 10, 1984; paragraph (a) amended November 5, 1986
to be effective January 1, 1987; paragraphs (a) and (c) of former R. 4:83-6
amended and rule redesignated June 29, 1990 to be effective September 4, 1990;
paragraph (c) amended July 13, 1994 to be effective September 1, 1994;
paragraphs (a) and (c) amended July 12, 2002 to be effective September 3, 2002.
4:86-7. Regaining Mental Capacity
Upon
the commencement of a separate action or upon the filing of a motion in the
original cause by the mentally incapacitated person or an interested person on
his or her behalf, supported by affidavit and setting forth facts evidencing
that the previously mentally incapacitated person no longer is mentally
incapacitated, the court shall, on notice to the persons who would be set forth
in a complaint filed pursuant to R. 4:86-1, set a date for hearing, take oral
testimony in open court with or without a jury, and may render judgment that
the person no longer is mentally incapacitated, that his or her guardian be
discharged subject to the duty to account, and that his or her person and
estate be restored to his or her control. Note: Source-R.R. 4:102-7; former R.
4:83-7 amended and rule redesignated June 29, 1990 to be effective September 4,
1990; caption and text amended July 12, 2002 to be effective September 3, 2002.
4:86-8. Appointment of Guardian for Nonresident Mentally Incapacitated Person
An
action for the appointment of a guardian for a nonresident who has been or
shall be found to be a mentally incapacitated person under the laws of the
state or jurisdiction in which the mentally incapacitated person resides shall
be brought in the Superior Court pursuant to R. 4:67. The plaintiff shall
exhibit and file with the court an exemplified copy of the proceedings or other
evidence establishing the finding. If the plaintiff is the duly appointed
guardian, trustee or committee of the mentally incapacitated person in the
state or jurisdiction in which the finding was made, and applies to be
appointed guardian in this State, the court may forthwith appoint that person
without issuing an order to show cause. Note: Source-R.R. 4:102-8. Amended July
26, 1984 to be effective September 10, 1984; former R. 4:83-8 amended and rule
redesignated June 29, 1990 to be effective September 4, 1990; caption and text
amended July 12, 2002 to be effective September 3, 2002. 4:86-9. Guardians for
Mentally 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 a ward alleged to be a mentally 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 wards behalf. (b) Complaint. The complaint shall state (1) the
name, age and place of residence of the ward; (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 ward; (4) that such ward
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 ward has been rated a mentally incapacitated person on examination by a
federal agency in accordance with the laws regulating the same. (c) Proof of
Necessity for Guardian of Mentally Incapacitated Person. A certificate by the
chief officer, or his or her representative, stating the fact that the ward has
been rated a mentally 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 ward by
such agency shall be prima facie evidence of the necessity for making an
appointment under this rule. (d) Determination of Mental Incapacity. Mental
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 mental incapacity the ward is incapable of managing his or
her property, or certifying to such other facts as shall satisfy the court as
to such mental incapacity. (e) Appointment of Guardian; Bond. Upon proof of
notice duly given and a determination of mental 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 ward 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 Ward Regains Mental Capacity. If the court has
appointed a guardian for the estate of a ward, it may subsequently, on due
notice, declare the ward to have regained mental 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 mental capacity of the ward. 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 ward. (h)
Definitions. Definitions contained in N.J.S.A. 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. 4:86-10.
Appointment of Guardian for Persons Receiving Services From the Division of
Developmental Disabilities
An
action pursuant to N.J.S.A. 30:4-165.7 et seq. for the appointment of a
guardian for a person over the age of 18 who is receiving services from the
Division of Developmental Disabilities shall be brought pursuant to these rules
insofar as applicable, except that: (a) The complaint may be brought by the
Commissioner of Human Services or a parent, spouse, relative or other party
interested in the welfare of such person. (b) In lieu of the affidavits
prescribed by R. 4:86-2 the verified complaint shall have annexed thereto two
affidavits. One affidavit shall be submitted by the chief executive officer,
medical director, or other officer having administrative control over a
Division of Developmental Disabilities program servicing the alleged mentally
incapacitated person and the other shall be submitted by a physician licensed
to practice in New Jersey or a psychologist licensed pursuant to N.J.S.A.
45:14B-1 et seq. The affidavit shall set forth with particularity the alleged
mentally incapacitated persons significant chronic functional impairment, as
that item is defined in N.J.S.A. 30:4-165.8, and the facts supporting the
affiants belief that as a result thereof, the person lacks the cognitive
capacity either to make decisions or to communicate decisions to others. (c) If
the petition seeks guardianship of the person only, the Office of the Public
Defender, if available, shall be appointed as attorney for the alleged mentally
incapacitated person, as required by R. 4:86-4. If the Office of the Public
Defender is unavailable or if the petition seeks guardianship of the person and
the estate, the court shall appoint an attorney other than the Public Advocate
to represent the alleged mentally incapacitated person. The attorney for the
alleged mentally incapacitated person may where appropriate retain an
independent expert to render an opinion respecting the mental incapacity of the
alleged mentally incapacitated person. (d) The hearing shall be held pursuant
to R. 4:86-6 except that a guardian may be summarily appointed if the attorney
for the alleged mentally incapacitated person, by affidavit, does not dispute
either the need for the guardianship or the fitness of the proposed guardian
and if a plenary hearing is not requested either by the alleged mentally
incapacitated person or on his or her behalf. Note: Adopted July 7, 1971 to be
effective September 13, 1971; amended July 24, 1978 to be effective September
11, 1978. Former rule deleted and new rule adopted November 5, 1986 to be
effective January 1, 1987; caption amended and paragraphs (b), (c) and (d) of
former R. 4:83-10 amended and rule redesignated June 29, 1990 to be effective
September 4, 1990; paragraphs (b) and (c) amended July 14, 1992 to be effective
September 1, 1992; paragraph (c) amended June 28, 1996 to be effective September
1, 1996; paragraphs (b), (c), and (d) amended July 12, 2002 to be effective
September 3, 2002. 4:86-11. Appointment of Conservator
(a)
Commencement of Action; Complaint. An action pursuant to N.J.S.A. 3B: 13A-1 et
seq. for the appointment of a conservator shall be brought by a conservatee or
other person on his or her behalf on notice, as provided by N.J.S.A. 3B: 13A-5
and 6. The complaint shall be filed in the Superior Court and shall state (1)
the conservatees age and residence, (2) the names and addresses of the
conservatees heirs and all other persons entitled to notice pursuant to
N.J.S.A. 3B: 13A-6, and (3) the nature, location and fair market value of all
property, real and personal, in accordance with R. 4:86-2(a). (b) Hearing. The
court, without a jury, shall take testimony in open court to determine whether
the conservatee, by reason of advanced age, illness or physical infirmity, is
unable to care for or manage his or her property or has become unable to
provide for himself or herself or others dependent upon him or her for support.
The court may appoint counsel for the conservatee if it concludes that counsel
is necessary to protect his or her interests. If the conservatee is unable to
attend the hearing by reason of physical or other disability, the court shall
appoint a guardian ad litem to conduct an investigation to determine whether
the conservatee objects to the conservatorship. If counsel for the conservatee
has, however, been appointed, such counsel shall conduct the investigation and
no separate guardian ad litem shall be appointed. In no case shall a
conservator be appointed if the court finds that the conservatee objects
thereto. (c) Acceptance of Appointment. An acceptance of appointment as
conservator may be taken before any person authorized by the laws of this State
to administer an oath. (d) Settlement of Conservators Account. Where the court,
for good cause shown, orders a full accounting by the conservator, the account
shall be settled in the Superior Court in accordance with R. 4:87, insofar as
applicable. Note: Adopted July 26, 1984 to be effective September 10, 1984;
paragraphs (a), (b) and (c) of former R. 4:83-11 amended and rule redesignated
June 29, 1990 to be effective September 4, 1990. 4:86-12. Special Medical
Guardian
(a)
Standards. On the application of a hospital, nursing home, treating physician,
relative or other appropriate person under the circumstances, the court may
appoint a special guardian of the person of a patient to act for the patient
respecting medical treatment consistent with the courts order, if it finds
that: (1) the patient is mentally incapacitated, unconscious, underage or
otherwise unable to consent to medical treatment; (2) no general or natural
guardian is immediately available who will consent to the rendering of medical
treatment; (3) the prompt rendering of medical treatment is necessary in order
to deal with a substantial threat to the patients life or health; and (4) the
patient has not designated a health care representative or executed a health
care instruction directive pursuant to the New Jersey Advance Directives for
Health Care Act, N.J.S.A. 26:2H-53 to -78, determining the treatment question
in issue. (b) Venue. The application shall be made to the Superior Court judge
assigned to general equity in the vicinage in which the patient is physically
located when the application is made and, in the event of that judges
unavailability, to the Assignment Judge of the vicinage or the judge designated
as the emergent judge, or if neither is available, any judge in the vicinage.
(c) Procedure. The procedure on the application shall conform as nearly as
practicable to the requirements of R. 4:86-1 to R. 4:86-6, but the judge may,
if the circumstances require, accept an oral complaint and oral testimony
either by telephone, in court, or at any other suitable location. If the
circumstances do not permit the making of a verbatim record, the judge shall
make detailed notes of the allegations of the complaint and the supporting
testimony. Whenever possible an attorney shall be appointed to represent the
patient. (d) Order. The order granting the application, if orally rendered,
shall be reduced to writing as promptly as possible and shall recite the
findings on which it is based. Note: Adopted November 1, 1985 to be effective
January 2, 1986; paragraphs (a), (b) and (c) of former R. 4:83-12 amended and
rule redesignated June 29, 1990 to be effective September 4, 1990; paragraph
(a) amended July 14, 1992 to be effective September 1, 1992; paragraph (a)(1) amended
July 12, 2002 to be effective September 3, 2002.
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