R. 4:86-2 New Jersey Rules of Court, R. 4:86-2: Complaint; Accompanying Documents; Alternative Affidavits or Certifications, rendered as code with every cross-reference linked

rule 4:86-2 "Complaint; Accompanying Documents; Alternative Affidavits or Certifications" {
(a) Complaint. The allegations of the complaint shall be verified as prescribed by R. 1:4-7. The complaint shall state:
(1) the name, age, domicile and address of the plaintiff, of the alleged incapacitated person and of the alleged incapacitated person’s spouse, if any;
(2) the plaintiff’s relationship to the alleged incapacitated person;
(3) the plaintiff’s interest in the action;
(4) the names, addresses and ages of the alleged incapacitated person’s children, if any, and the names and addresses of the alleged incapacitated person’s parents and nearest of kin, meaning at a minimum all persons of the same degree of relationship to the alleged incapacitated person as the plaintiff;
(5) the name and address of the person or institution having the care and custody of the alleged incapacitated person;
(6) if the alleged incapacitated person has lived in an institution, the period or periods of time the alleged incapacitated person has lived therein, the date of the commitment or confinement, and by what authority committed or confined; and
(7) the name and address of any person named as attorney-in-fact in any power of attorney executed by the alleged incapacitated person, any person named as health care representative in any health care directive executed by the alleged incapacitated person, and any person acting as trustee under a trust for the benefit of the alleged incapacitated person.
(b) Accompanying Documents. The complaint shall have annexed thereto:
(1) An affidavit or certification stating the nature, description, and fair market value of the following, in such form as promulgated by the Administrative Director of the Courts:
(A) all real estate in which the alleged incapacitated person has or may have a present or future interest, stating the interest, describing the real estate fully and stating the assessed valuation thereof;
(B) all the personal estate which they are, will or may in all probability become entitled to, including stocks, bonds, mutual funds, securities and investment accounts: money on hand, annuities, checking and savings accounts and certificates of deposit in banks and notes or other indebtedness due the alleged incapacitated person; pensions and retirement accounts, including annuities and profit sharing plans; miscellaneous personal property; and the nature and total monthly amount of any income which may be payable to the alleged incapacitated person; and
(C) the encumbrance amount of any debt including any secured associated debt related to the real estate or personal estate of the alleged incapacitated person.
(2) Affidavits or certifications of: two physicians having qualifications set forth in N.J.S.A. 30:4-27.2t; or one such physician and one licensed practicing psychologist as defined in N.J.S.A. 45:14B-2; or one such physician and one licensed physician assistant having qualifications set forth in N.J.S.A. 45:9-27.10 et seq. and under a delegation agreement with a supervising physician as defined in N.J.S.A. 45:9-27.17 and -27.18; or one such physician and one registered nurse licensed as an Advance Practice Nurse having qualifications set forth in N.J.A.C. 13:37-7.1 et seq. and under a joint protocol with a collaborating physician as defined in N.J.A.C. 13:35-6.6. A supervising or collaborating physician of an affiant shall not separately certify as to the alleged incapacity of the individual.
The affidavits or certifications shall be in such form as promulgated by the Administrative Director of the Courts. Pursuant to N.J.S.A. 3B:12-24.1(d), the affidavits or certifications may make disclosures about the alleged incapacitated person.
If an alleged incapacitated person has been committed to a public institution and is confined therein, one of the affidavits or certifications shall be that of the chief executive officer, the medical director, or the chief of service providing that person is also the physician with overall responsibility for the professional program of care and treatment in the administrative unit of the institution. When an alleged incapacitated person is domiciled within this State but is a resident elsewhere, the affidavits or certifications required by this rule may be from the persons who are residents of the state or jurisdiction of the alleged incapacitated person’s residence.
Each affiant shall have made a personal examination of the alleged incapacitated person not more than 30 days prior to the filing of the complaint. The time period may be relaxed by the court on an ex parte showing of good cause.
To support the complaint, each affiant shall state:
(A) the date and place of the examination;
(B) whether the affiant has treated or merely examined the alleged incapacitated individual;
(C) whether the affiant is disqualified under R. 4:86-3;
(D) the diagnosis and prognosis and factual basis therefor;
(E) for purposes of ensuring that the alleged incapacitated person is the same individual who was examined, a physical description of the person examined, including but not limited to sex, age and weight;
(F) the affiant’s opinion of the extent to which the alleged incapacitated person is unfit and unable to govern themself and to manage their affairs and shall set forth with particularity the circumstances and conduct of the alleged incapacitated person upon which this opinion is based, including a history of the alleged incapacitated person’s condition;
(G) if applicable, the extent to which the alleged incapacitated person retains sufficient capacity to retain the right to manage specific areas, such as residential, educational, medical, legal, vocational or financial decisions; and
(H) an opinion on whether the alleged incapacitated person is capable of attending or otherwise participating in the hearing and, if not, the reasons for the individual’s inability;
(3) An affidavit or certification setting forth the criminal and civil judgment history of each proposed guardian, in such form as promulgated by the Administrative Director of the Courts. The affidavit or certification may be supplemented at any time up to the time of qualification and acceptance of appointment. If no proposed guardian has been identified at the time of the filing of the complaint, the affidavit or certification shall be filed no later than prior to the entry of the judgment of legal incapacity and appointment of guardian. The court will consider the relevant history as provided in the affidavit or certification and through any background screening policy for proposed guardians of incapacitated adults promulgated by the Administrative Director of the Courts, including but not limited to fingerprinting. The following shall be exempt from this requirement:
(A) individuals who are the parents in a parent and child relationship with an alleged incapacitated person, as ‘parent and child relationship‘ is defined by the New Jersey Parentage Act, N.J.S.A. 9:17-39, or who were appointed legal guardians of an alleged incapacitated person prior to their reaching majority pursuant to an order of the Family Division of Superior Court;
(B) individuals who are married to an alleged incapacitated person in accordance with N.J.S.A. 37:1-29 et seq., in a civil union with an alleged incapacitated person as defined by N.J.S.A. 37:1-29, or in a domestic partnership with an alleged incapacitated person as defined by N.J.S.A. 26:8A-3;
(C) pendente lite temporary guardians appointed pursuant to N.J.S.A. 3B: 12-24. l(c);
(D) agencies authorized to act pursuant to P.L.1985, c. 298 (N.J.S.A. 52:27G-20 et seq.), P.L.1985, c. 145 (N.J.S.A. 30:6D-23 et seq.), P.L.1965, c. 59 (N.J.S.A. 30:4-165.1 et seq.) and P.L.1970, c. 289 (N.J.S.A. 30:4-165.7 et seq.);
(E) public officials appointed as limited guardians of the person for medical purposes for individuals in psychiatric facilities listed in N.J.S.A. 30: 1-7;
(F) banks, trust companies, credit unions, savings and loan associations, or other financial institutions duly licensed or authorized to conduct business under applicable state or federal laws;
(G) attorneys admitted to practice law and in good standing in the State of New Jersey who are appointed by the court in their professional capacity; and
(H) notwithstanding subparagraphs (A) through (G),
(i) Any proposed guardian who is exempt from background screening pursuant to subparagraph (A) or (B) shall file an affidavit or certification setting forth the proposed guardian’s criminal and civil judgment history for the prior 10 years; and
(ii) The court may require any proposed guardian to file an affidavit or certification setting forth the proposed guardian’s criminal and civil judgment history or to undergo background screening as a prerequisite to appointment based on the individual facts of the case, including but not limited to the value of the guardianship estate; and
(4) A Case Information Statement in such form as promulgated by the Administrative Director of the Courts. Said Case Information Statement shall include the date of birth and Social Security number of the alleged incapacitated person.
(c) Alternative Affidavits or Certifications.
(1) If the plaintiff cannot secure the information required in paragraph (b)(1), the complaint shall so state and give the reasons therefor, and the affidavit or certification submitted shall in that case contain as much information as can be secured in the exercise of reasonable diligenc
(2) In lieu of the affidavits or certifications provided for in paragraph (b)(2), an affidavit or certification of one affiant having the qualifications as required therein shall be submitted, stating that the affiant has endeavored to make a personal examination of the alleged incapacitated person not more than 30 days prior to the filing of the complaint but that the alleged incapacitated person or those in charge of the alleged incapacitated person have refused or are unwilling to have the affiant make such an examination. The time period herein prescribed may be relaxed by the court on an ex parte showing of good cause.
(d) Request for Pendente Lite Temporary Guardian. The complaint may also request the appointment of a pendente lite temporary guardian of the person or estate, or both, pursuant to N.J.S.A. 3B:12-24.1(c). Notice of this application shall be given to the alleged incapacitated person or the alleged incapacitated person’s attorney or the attorney appointed by the court to represent the alleged incapacitated person.
Note: Source–R.R. 4:102-2; former R. 4:83-2 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; paragraphs (b) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a), (b), and (c) amended July 12, 2002 to be effective September 3, 2002; paragraphs (b) and (c) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a), (b) and (c) amended July 9, 2008 to be effective September 1, 2008; caption amended, and paragraphs (a), (b) and (c) amended and captions added August 1, 2016 to be effective September 1, 2016; new subparagraph (b)(3) added and former subparagraph (b)(3) redesignated as (b)(4) March 15, 2021 to be effective May 15, 2021; paragraph (b)(3) revised April 5, 2023 to be effective May 1, 2023; caption amended, subparagraphs (b)(1)(B), (b)(2), and (c)(2) amended, and new paragraph (d) added July 23, 2026 to be effective September 1, 2026.
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referenced_by: 4:86-10, 4:86-11, 4:86-3A, 4:86-4, 4:86-6, 4:86-7
amended: 2026-09-02 // changed; first diff after the 2026-08-17 corpus; amendments effective 2026-09-01
source: njcourts.gov // verbatim; changed 2026-08-31; corpus harvested 2026-09-02