THINGS TO KNOW
ORDER FIXED HEARING - FORM F
- It sets a date for the matter to be heard.
- It provides directions on when filed pleadings are to be mailed to the identified parties of interest listed in (Form A) of the CIS.
- It directs when the filing of a Proof of Mailing (on parties of interest) to the Court is due.
- Also, it directs Personal Service/Mailing of Notice given to the alleged Incapacitated Person.
COURT-APPOINTED ATTORNEY FOR INCAPACITATED PERSON
In an adult guardianship, the Judge must appoint an attorney to represent the interests of the alleged incapacitated person throughout the proceedings and there are fees that will be paid from the alleged incapacitated persons estate for that attorney. If there are no assets of the alleged incapacitated person, then it is to be paid by the plaintiff filing for guardianship. It typically takes 35 days from the date the case is filed with the Surrogate’s office.
There is an option for a pro bono attorney (who works at no charge), available in Person-Only Guardianships. However, in cases of Person and Property with minimal assets (under $2,000), the New Jersey Public Defender is willing to serve. It's important to note that a pro bono attorney or public defender requires four to five months from the time the papers are filed until the matter is heard by the Judge.
AM I REQUIRED TO APPEAR IN COURT?
The court will proceed as follows based on whether all parties have been properly served and if there is any opposition to the relief:
- If no opposition is filed and all parties have been properly served, the Judge will hear the matter, On the Papers, based on the submitted documents, and no appearance in court would be required.
- If any interested parties were not properly served or if opposition is filed to the application, the Judge will hear the matter at oral argument, and parties are to appear.