(a) Not later than ten days prior to the hearing, the plaintiff shall file proof of service of the notice, order for hearing, complaint and affidavits or certifications and proof by affidavit that the alleged incapacitated person has been afforded the opportunity to appear personally or by attorney, and that he or she has been given or offered assistance to communicate with friends, relatives or attorneys.
Rule 4:86-5.Proof of Service; Appearance of Alleged Incapacitated Person at Hearing; Answer
Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:86-5 requires proof that notice and service went out at least ten days before the hearing along with proof the alleged incapacitated person could appear and communicate with others, requires guardian training before qualification, requires that person's production at the hearing absent certified incapacity, and requires an opposing appearance by attorney to be preceded by a filed answer, affidavit, or motion.
Full Text of Rule 4:86-5
(b) Prior to the hearing, unless good cause shown, but no later than prior to qualification, any proposed guardian must complete guardianship training as promulgated by the Administrative Director of the Courts. Agencies authorized to act pursuant to P.L.1985, c. 298 (C.52:27G-20 et seq.), P.L.1985, c. 145 (C.30:6D-23 et seq.), P.L.1965, c. 59 (C.30:4-165.1 et seq.) and P.L.1970, c. 289 (C.30:4-165.7 et seq.) and public officials appointed as limited guardians of the person for medical purposes for individuals in psychiatric facilities listed in R.S.30:1-7 shall be exempt from this requirement.
(c) The plaintiff or appointed counsel shall produce the alleged incapacitated person at the hearing, unless the plaintiff and the court-appointed attorney certify that the alleged incapacitated person is unable to appear because of physical or mental incapacity.
(d) If the alleged incapacitated person or any person receiving notice of the hearing intends to appear by an attorney, such person shall, not later than ten days before the hearing, serve and file an answer, affidavit, or motion in response to the complaint.
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. 4:102-5; caption and text of former R. 4:83-5; amended and rule redesignated June 29, 1990 to be effective September 4, 1990; caption and text; amended July 12, 2002 to be effective September 3, 2002; caption and text; amended July 9, 2008 to be effective September 1, 2008; text; amended and designated as paragraph (a) and new paragraphs (b), (c), and (d) added August 1, 2016 to be effective September 1, 2016.
Plain-English Summary
Ten days out from the hearing, the plaintiff has to show the court that notice went where it needed to go — proof of service of the order, complaint, and affidavits, plus proof the alleged incapacitated person was given the chance to appear personally or through an attorney and was offered help reaching friends, relatives, or a lawyer.
A proposed guardian generally completes training before the hearing (though qualification is the outer deadline, and the court can excuse the timing for good cause), unless an exempt agency or public official is involved. The plaintiff or appointed counsel has to produce the alleged incapacitated person at the hearing, unless both certify that person can't attend because of physical or mental incapacity. And anyone — including the alleged incapacitated person — who intends to appear through an attorney has to file an answer, affidavit, or motion at least ten days beforehand.
Frequently Asked Questions
What must be filed at least ten days before a guardianship hearing?
Proof of service of the notice, order, complaint, and affidavits, plus proof the alleged incapacitated person had the opportunity to appear and to communicate with others.
Must the alleged incapacitated person attend the hearing?
Generally yes, unless the plaintiff and court-appointed attorney certify that physical or mental incapacity makes attendance impossible.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:86-5). 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: proof of service guardianship hearingproduction of incapacitated person