(a) Rights of an Incapacitated Person. An individual subject to a general or limited guardianship shall retain the rights listed in the judgment of legal incapacity and appointment of guardian, as well as:
(1) The right to be treated with dignity and respect;
(2) The right to privacy;
(3) The right to equal treatment under the law;
(4) The right to have personal information kept confidential;
(5) The right to communicate privately with an attorney or other advocate;
(6) The right to petition the court to modify or terminate the guardianship, including the right to meet privately with an attorney or other advocate to assist with this legal procedure, as well as the right to petition for access to funds to cover legal fees and costs; and
(7) The right to request the court to review the guardian’s actions, request removal and replacement of the guardian, and/or request that the court restore rights as provided in N.J.S.A. 3B:12-28.
(b) Proceedings for Return to Capacity.
(1) An incapacitated person, an interested person on the incapacitated person’s behalf, or the guardian may seek a return to full or partial capacity by commencing a separate summary action by verified complaint. The complaint shall be supported by at least one affidavit or certification as described in Rule 4:86-2(b)(2), and shall set forth facts evidencing that the previously incapacitated person no longer is incapacitated or has returned to partial capacity. The court in its discretion may require additional proofs as needed.
(2) The court shall, on notice to the persons who would be set forth in a complaint filed pursuant to Rule 4:86-2, set a date for hearing, appoint counsel for the incapacitated person if the incapacitated person is not represented, and take oral testimony in open court with or without a jury. In addition, the court may appoint a guardian ad litem to evaluate the best interests of the incapacitated person and to present that evaluation to the court in accordance with Rule 4:86-4(d).
(3) On presentation of prima facie evidence for termination or modification of the guardianship, the court may order termination or modification pursuant to subparagraph (4) if no party or interested person objects. Any party or interested person objecting to the termination or modification must provide clear and convincing evidence that a basis for continuation of the guardianship exists.
(4) The court may render judgment that the person no longer is fully or partially incapacitated, that the person’s guardianship be modified or discharged subject to the duty to account, and that their person and estate be restored to their control, or may render judgment that the guardianship be modified but not terminated. Rule 4:86-7. Rights of an Incapacitated Person; Proceedings for Return to Capacity or Review of Guardianship
(c) Proceedings for Review of Guardianship. An incapacitated person, or an interested person on the incapacitated person’s behalf, may seek review of a guardian’s conduct and/or review of a guardianship by filing a motion setting forth the basis for the relief requested. On the return date, the court shall inform the incapacitated person of their rights as set forth in paragraph (a) and of the procedures for return to capacity as set forth in paragraph (b).
(d) Proceedings for Appointment of a Substitute, Successor, or Co-Guardian.
(1) The guardian or an interested person may seek appointment of a substitute, successor, or co-guardian by commencing a separate summary action by verified complaint. The complaint shall be supported by an affidavit or certification for each proposed substitute, successor, or co-guardian as described in R. 4:86-2(b)(3).
(2) The court shall, on notice to the persons who would be set forth in a complaint filed pursuant to R. 4:86-2, set a date for hearing, appoint counsel for the incapacitated person if the incapacitated person is not represented, and take oral testimony in open court with or without a jury. In addition, the court may appoint a guardian ad litem to evaluate the best interests of the incapacitated person and to present that evaluation to the court in accordance with R. 4:86-4(d).
(3) The court may render judgment appointing a substitute, successor, or co-guardian in accordance with R. 4:86-6.
(4) An appointed substitute, successor, or co-guardian shall perform the duties set forth in R. 4:86-6(e).
(e) Proceedings for Transfer of Guardianship from New Jersey to Another State.
(1) A guardian of an incapacitated person appointed by a New Jersey court may seek transfer of the guardianship to another state pursuant to N.J.S.A.3B:12B-17 by filing a motion setting forth the basis for the transfer.
(2) Notice of the motion shall be served on all individuals entitled to notice of a complaint, supporting affidavits, and order for hearing pursuant to R. 4:86-4.
(3) The court may schedule a hearing on its own motion, or upon the request of the guardian or those entitled to notice of the motion.
(4) If the court is satisfied that the guardianship will be accepted by the court of the other state and makes findings as set forth in N.J.S.A. 3B:12B-17, it shall issue a provisional order granting the motion and directing the guardian to file for guardianship in the other state.
(5) Upon receipt of a provisional order accepting the guardianship from the court of the other state and any other documents required for termination, the court shall enter a final order confirming the transfer and terminating the New Jersey guardianship.
(f) Proceedings for Transfer of Guardianship from Another State to New Jersey.
(1) A guardian of an incapacitated person appointed by the court of another state may seek transfer of the guardianship to New Jersey pursuant to N.J.S.A.3B:12B-18 by filing a motion setting forth the basis for the transfer. A certified copy of the provisional order of transfer from the court of the transferring state shall be annexed to the motion.
(2) Notice of the motion shall be served on all individuals entitled to notice of a complaint, supporting affidavits, and order for hearing pursuant to R. 4:86-4, and any persons entitled to such notice under the laws of the transferring state.
(3) The court may schedule a hearing on its own motion, or upon the request of the guardian or those entitled to notice of the motion.
(4) The court shall enter a provisional order accepting the guardianship unless: (A) an objection is raised, and the court determines that acceptance of the transfer would be contrary to the interests of the incapacitated person; or (B) the guardian is ineligible for appointment under New Jersey law.
(5) Upon receipt of a final order from the court of the transferring state confirming the transfer, the court shall render judgment accepting the transfer and appointing the guardian in accordance with R. 4:86-6. (A) On the motion of any party, or on the court’s own motion, the court shall determine whether the guardianship must be modified to conform to New Jersey law. (B) The judgment shall recognize the guardianship order from the transferring state, including its determination of incapacity and appointment of guardian. (C) The appointed guardian shall perform the duties set forth in R. 4:86-6(e). (6) Denial of a motion seeking transfer of a guardianship to New Jersey under this rule shall not preclude the guardian from seeking appointment under R. 4:86-2 or paragraph (d) above.