Rule 4:86-10.Appointment of Guardian for Persons Eligible for and/or Receiving Services from the Division of Developmental Disabilities

Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:86-10 modifies the standard guardianship procedure for a person receiving Division of Developmental Disabilities services -- allowing the Commissioner of Human Services or a relative to file, substituting two specific supporting documents for R. 4:86-2's usual affidavits, prioritizing the Division of Mental Health Advocacy as appointed counsel, and permitting a summary appointment when counsel doesn't contest it.

Full Text of Rule 4:86-10

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An action pursuant to N.J.S.A. 30:4-165.7 et seq. for the appointment of a guardian for a person over the age of 18 who is eligible for and/or receiving services from the Division of Developmental Disabilities shall be brought pursuant to these rules insofar as applicable, except that:

(a) The complaint may be brought by the Commissioner of Human Services or a parent, spouse, relative or other party interested in the welfare of such person.

(b) In lieu of the affidavits or certifications prescribed by R. 4:86-2, the verified complaint shall have annexed thereto two documents. One document shall be an affidavit or certification submitted by a practicing physician or a psychologist licensed pursuant to P.L. 1966, c.282 (N.J.S.A. 45:14B-1 et seq.) who has made a personal examination of the alleged incapacitated person not more than six months prior to the filing of the verified complaint. The other document shall be one of the following: (1) an affidavit or certification from the chief executive officer, medical director or other officer having administrative control over a Division of Developmental Disabilities program from which the individual is receiving functional or other services; (2) an affidavit or certification from a designee of the Division of Developmental Disabilities having personal knowledge of the functional capacity of the individual who is the subject of the guardianship action; (3) a second affidavit or certification from a practicing physician or psychologist licensed pursuant to P.L. 1966, c.282 (N.J.S.A. 45:14B-1 et seq.); (4) a copy of the Individualized Education Program, including any medical or other reports, for the individual who is subject to the guardianship action, which shall have been prepared no more than two years prior to the filing of the verified complaint; or (5) an affidavit or certification from a licensed care professional having personal knowledge of the functional capacity of the individual who is the subject of the guardianship action. The documents shall set forth with particularity the facts supporting the belief that the alleged incapacitated person suffers from a significant chronic functional impairment to such a degree that the person lacks the cognitive capacity either to make decisions or to communicate, in any way, decisions to others.

(c) If the petition seeks guardianship of the person only, the Division of Mental Health Advocacy, in the Office of the Public Defender, if available, shall be appointed as attorney for the alleged incapacitated person, as required by R. 4:86-4. If the Division of Mental Health Advocacy, in the Office of the Public Defender, is unavailable or if the petition seeks guardianship of the person and the estate, the court shall appoint an attorney to represent the alleged incapacitated person. The attorney for the alleged incapacitated person may where appropriate retain an independent expert to render an opinion respecting the incapacity of the alleged incapacitated person

(d) The hearing shall be held pursuant to R. 4:86-6 except that a guardian may be summarily appointed if the attorney for the alleged incapacitated person, by affidavit or certification, does not dispute either the need for the guardianship or the fitness of the proposed guardian and if a plenary hearing is not requested either by the alleged incapacitated person or on his or her behalf.

End

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.

Adopted July 7, 1971 to be effective September 13, 1971; amended July 24, 1978 to be effective September 11, 1978. Former rule deleted and new rule adopted November 5, 1986 to be effective January 1, 1987; caption; amended and paragraphs (b), (c) and (d) of former R. 4:83-10; 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 (c); amended June 28, 1996 to be effective September 1, 1996; paragraphs (b), (c), and (d); amended July 12, 2002 to be effective September 3, 2002; paragraph (c); amended July 28, 2004 to be effective September 1, 2004; paragraph (c); amended July 9, 2008 to be effective September 1, 2008; paragraph (c); amended July 22, 2014 to be effective September 1, 2014; caption; amended, introductory paragraph and paragraphs (b), (c) and (d); amended August 1, 2016 to be effective September 1, 2016.

Plain-English Summary

Guardianship for an adult eligible for or receiving Division of Developmental Disabilities services mostly follows the general rules, but with a few adjustments. The Commissioner of Human Services, or a parent, spouse, relative, or other interested party, can bring the complaint. In place of R. 4:86-2's usual affidavits, the verified complaint attaches two documents: one from a practicing physician or licensed psychologist who examined the person within the last six months, and a second from a short list of options — a DDD program officer, a DDD designee, a second physician or psychologist, a recent Individualized Education Program, or a licensed care professional — each detailing a significant chronic impairment severe enough that the person can't make or communicate decisions.

When the application seeks guardianship of the person only, the Division of Mental Health Advocacy is appointed as counsel if available; otherwise, or when the estate is also at stake, the court appoints an attorney, who can retain an independent expert. The hearing follows R. 4:86-6, but the court can summarily appoint a guardian if appointed counsel doesn't dispute the need for guardianship or the proposed guardian's fitness and nobody requests a full hearing.

Frequently Asked Questions

Who can file a complaint for guardianship of a person receiving DDD services?

The Commissioner of Human Services, or a parent, spouse, relative, or other party interested in the person's welfare.

What supporting documents replace R. 4:86-2's usual affidavits in a DDD guardianship case?

An affidavit from a physician or licensed psychologist who examined the person within six months, plus one of several alternatives — a DDD program or designee affidavit, a second medical affidavit, a recent Individualized Education Program, or a licensed care professional's affidavit.

Can a guardian be appointed without a full hearing?

Yes, if appointed counsel doesn't dispute the need for guardianship or the proposed guardian's fitness, and no one requests a plenary hearing.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:86-10). 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: Division of Developmental Disabilities guardianshipDDD guardianship