An action for the appointment of a guardian for a nonresident who has been or shall be found to be an incapacitated person under the laws of the state or jurisdiction in which the incapacitated person resides shall be brought in the Superior Court pursuant to R. 4:67. The plaintiff shall exhibit and file with the court an exemplified copy of the proceedings or other evidence establishing the finding. If the plaintiff is the duly appointed guardian, trustee or committee of the incapacitated person in the state or jurisdiction in which the finding was made, and applies to be appointed guardian in this State, the court may forthwith appoint that person without issuing an order to show cause.
Rule 4:86-8.Appointment of Guardian for Nonresident Incapacitated Person
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:86-8 lets an action to appoint a guardian for a nonresident already found incapacitated elsewhere proceed in the Superior Court under R. 4:67 on an exemplified copy of the foreign finding, and lets the court appoint that person's existing foreign guardian, trustee, or committee without an order to show cause.
Full Text of Rule 4:86-8
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. 4:102-8. Amended July 26, 1984 to be effective September 10, 1984; former R. 4:83-8; 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.
Plain-English Summary
Someone already found incapacitated under another state's or jurisdiction's law doesn't need to relitigate that finding here. An action to appoint a New Jersey guardian for that nonresident proceeds in the Superior Court under R. 4:67, with the plaintiff filing an exemplified copy of the foreign proceedings or other evidence of the finding.
If the plaintiff already holds the appointment abroad — as guardian, trustee, or committee — and is only seeking recognition in New Jersey, the court can appoint that same person on the spot, without an order to show cause.
Frequently Asked Questions
Where is an action to appoint a guardian for a nonresident incapacitated person brought?
In the Superior Court, under R. 4:67, with an exemplified copy of the foreign proceedings or other evidence of the incapacity finding filed with the court.
Can the court skip the order to show cause?
Yes, if the plaintiff is already the duly appointed guardian, trustee, or committee under the law of the jurisdiction that made the finding.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:86-8). 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: nonresident guardianshipforeign guardian recognition