No affidavit or certification shall be submitted by a physician or psychologist who is related, either through blood or marriage, to the alleged 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 ill in which the alleged 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 psychologist, or who is financially interested therein.
Rule 4:86-3.Disqualification of Affiant
Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:86-3 disqualifies a physician or psychologist from submitting a supporting affidavit or certification if related by blood or marriage to the alleged incapacitated person, or professionally, financially, or managerially tied to the institution caring for or proposed to care for that person.
Full Text of Rule 4:86-3
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. 4:102-3; 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; caption and text; amended July 28, 2004 to be effective September 1, 2004; amended July 9, 2008 to be effective September 1, 2008; amended August 1, 2016 to be effective September 1, 2016.
Plain-English Summary
Not just any physician or psychologist can vouch for a guardianship complaint. Anyone related by blood or marriage to the alleged incapacitated person is disqualified, and so is anyone connected to the institution housing or slated to house that person — as a proprietor, director, or chief executive officer (outside state, county, or federal institutions), as a resident physician or psychologist employed by its management, or as someone with a financial stake in it.
Frequently Asked Questions
Who is disqualified from signing the medical affidavit supporting a guardianship complaint?
A physician or psychologist related by blood or marriage to the alleged incapacitated person, or professionally, managerially, or financially connected to the institution caring for that person.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:86-3). 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: disqualified physician guardianship