(a) Every action for the determination of incapacity of a person and for the appointment of a guardian of that person or of the person’s estate or both, other than an action with respect to a veteran under N.J.S.A. 3B:13-1 et seq., or with respect to a kinship legal guardianship under N.J.S.A. 3B:12A-1 et seq., shall be brought pursuant to R. 4:86-1 through R. 4:86-8 for appointment of a general, limited or pendente lite temporary guardian.
Rule 4:86-1.Action; Records; Guardianship Monitoring Program
Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:86-1 channels every action to determine a person's incapacity and appoint a guardian -- apart from veteran and kinship-legal-guardianship matters -- through R. 4:86-1 to R. 4:86-8, has the Surrogate maintain those records, and directs each vicinage to run a Guardianship Monitoring Program overseeing guardian training, inventories, and financial reporting.
Full Text of Rule 4:86-1
(b) Judiciary records of all actions set forth in R. 4:86-1(a) shall be maintained by the Surrogate and shall be accessible pursuant to R. 1:38-3(e).
(c) Each vicinage shall operate a Guardianship Monitoring Program through the collaboration of the Superior Court, Chancery Division, Probate Part; the County Surrogates; and the Administrative Office of the Courts, Civil Practice Division.
(1) The functions of guardianship support and monitoring shall be established by the Administrative Director of the Courts. Such functions shall include guardianship training and review of inventories and periodic reports of financial accounting filed by guardians as required by R. 4:86-6(e).
(2) Post-adjudicated case issues identified through monitoring may be forwarded for further action by the Superior Court, Chancery Division, Probate Part and/or the Administrative Office of the Courts.
(3) Case monitoring issues referred to the attention of the Superior Court, Chancery Division, Probate Part shall be promptly reviewed and such further action taken as deemed appropriate in the discretion of the court.
(4) Quasi-judicial immunity shall be extended to Judiciary staff, County Surrogates, County Surrogate staff, and volunteers performing monitoring responsibilities in the Guardianship Monitoring Program.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
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; caption to Rule 4:86; amended, and text of Rule 4:86-1; amended July 9, 2008 to be effective September 1, 2008; caption; amended, former text; amended and designated as paragraph (a), and new paragraphs (b) and (c) added August 1, 2016 to be effective September 1, 2016.
Plain-English Summary
Determining that someone is incapacitated and appointing a guardian for that person or the person's estate follows one uniform track — R. 4:86-1 through R. 4:86-8 — for a general, limited, or temporary pendente lite guardian, except for veterans' guardianships and kinship legal guardianships, which follow their own statutes. The Surrogate keeps the Judiciary's records of these actions, accessible the way R. 1:38-3(e) provides.
Each vicinage also runs a Guardianship Monitoring Program, built on cooperation between the Probate Part, the County Surrogates, and the Administrative Office of the Courts. The Administrative Director sets the program's functions — guardian training, reviewing inventories and periodic financial reports — and issues identified through monitoring can be forwarded to the court for further action. Everyone doing that monitoring work, from Judiciary staff to volunteers, gets quasi-judicial immunity for it.
Frequently Asked Questions
Which guardianship actions does this rule-group govern?
Every action to determine a person's incapacity and appoint a general, limited, or pendente lite guardian, except veterans' guardianships under N.J.S.A. 3B:13-1 and kinship legal guardianships under N.J.S.A. 3B:12A-1.
What does a vicinage's Guardianship Monitoring Program do?
It handles guardian training and reviews inventories and periodic financial accounting reports, forwarding any issues it finds to the Probate Part or the Administrative Office of the Courts.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:86-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: guardianship of incapacitated personGuardianship Monitoring Programincapacity determination