(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 conservatee’s age and residence, (2) the names and addresses of the conservatee’s 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).
Rule 4:86-11.Appointment of Conservator
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:86-11 lets a conservatee or someone acting on the conservatee's behalf seek appointment of a conservator by complaint and notice, requires a jury-free hearing on the conservatee's ability to manage property or provide for dependents, bars appointment over the conservatee's objection, and routes any required accounting through R. 4:87.
Full Text of Rule 4:86-11
(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 Conservator’s 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.
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.
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.
Plain-English Summary
A conservatorship starts with a complaint the conservatee or someone acting for the conservatee files in the Superior Court, giving notice the way the conservatorship statute requires and stating the conservatee's age and residence, the heirs and others entitled to notice, and the property involved, valued the way R. 4:86-2(a) values a guardianship estate.
At the hearing, held without a jury, the court decides whether advanced age, illness, or physical infirmity has left the conservatee unable to manage property or provide for dependents. Counsel can be appointed if the court thinks it's necessary, and if the conservatee can't attend because of a disability, a guardian ad litem investigates whether the conservatee objects — unless counsel is already handling that investigation. No conservator gets appointed over the conservatee's objection. Acceptance of the appointment can be taken before anyone authorized to administer an oath, and if the court later orders a full accounting for good cause, that accounting is settled in the Superior Court under R. 4:87.
Frequently Asked Questions
Can a conservator be appointed if the conservatee objects?
No, the rule bars appointment in every case where the conservatee objects to the conservatorship.
Is a conservatorship hearing held before a jury?
No, the court takes testimony and decides the matter without a jury.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:86-11). 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: conservatorshipappointment of conservator