GUARDIANSHIP OF AN INCAPACITATED PERSON
A guardian is a person appointed by the court to
manage the general care and control of another person. Adults who have impaired capacity or are
developmentally disabled may require a legal guardian. Adult Guardianship cases are filed with the
Surrogate’s Office and then heard in Superior Court. For more information about court-appointed
guardians, please visit the NJ Courts Guardianship Self-Help Center.
The
Monmouth County Surrogate's Court cannot provide legal advice. It is recommended to consult with an attorney.
To find an attorney or to find out if you qualify for free legal services,
please reach out to the following resources for Monmouth County legal services.
The Monmouth County Surrogate’s Court can assist pro-se applicants (applicants without an attorney)
with the process in straightforward guardianship cases.
For
questions about Guardianship matters, please send an email to: scprobatepart@co.monmouth.nj.us.
GUARDIANSHIP TRAINING AND RESOURCES
Resources that may help you
understand the responsibilities as the proposed guardian.
TYPES OF GUARDIANSHIP OF AN INCAPACITATED PERSON
It is important to file the appropriate
application when filing for guardianship of an incapacitated person.
Incapacitated Guardianship: $200
Additional fees may apply, such as a Charles Jones report, Court Appointed Attorney for alleged, or if ordered by the Judge, and any post-judgment fees are incurred.
NEW JERSEY COURTS, GUARDIANSHIP SELF-HELP WEBSITE
Official website of the New Jersey Administrative
Office of the Courts (AOC). Governs
the resources for individuals representing themselves (pro-se), including
necessary forms on their website. Provides comprehensive and complete
information for self-represented individuals seeking Adult Guardianship in New
Jersey. Includes “How to” instructions, requirements, forms, reports,
checklists, etc.
APPLICATIONS FOR GUARDIANSHIP OF AN INCAPACITATED PERSON
When applying for
guardianship of an incapacitated person, it is essential to submit the
appropriate forms corresponding to the specific relief you seek. There are two
Guardianship Packets: 1. Person and Estate and 2. Person Only. To better
understand the process, refer to the Judiciary Packets, which include
information, detailed instructions, and forms.
GUARDIANSHIP BACKGROUND SCREENING
Proposed guardians must file
two additional forms to meet AOC (New Jersey Administrative Office of the Courts)
screening requirements to be considered for appointment. When the court appoints a person
as a guardian, background screening is required.
HOW TO FILE YOUR CASE
Essential guidance on filing a guardianship case, outlining the necessary steps involved in the application process.
TEN (10) DAYS BEFORE YOUR HEARING DATE
Proof of Services/Mailing, Affidavit of Personal Service and Notice of Pending Hearing must be submitted to the Monmouth County Surrogate Court, Hall of Records, One East Main Street, Room 114, Freehold, NJ 07728.
THINGS TO KNOW
Order Fixing Hearing - Form F
Court-Appointed Attorney for Incapacitated Person
Am I Required to Appear in Court?
GUARDIANSHIP REPORTING REQUIREMENTS
Guardians must file periodic reports with the court, as specified in the written Judgment (Form G) regarding reporting schedules and required forms.
Page Last Updated: 2/6/2025 10:03:00 AM