Judgment Of Incapacity And Appointment Of Guardian(S) Of The Person And Estate - Court Of New Jersey Page 2
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3amount of $
, which bond shall contain the conditions set forth in N.J.S.A. 3B:15-7 and
R. 1:13-3. The court shall approve the bond as to form and sufficiency.
3.
Upon qualifying, the Surrogate shall issue Letters of Guardianship of the Person and Estate to
and thereupon the guardian(s) be and hereby is/are authorized to
perform all the functions and duties of a Guardian of the Person and Estate as allowed by law, except as
limited herein or in areas where the incapacitated person retains decision making rights.
4.
In exercising the authority conferred by this Judgment, the guardian(s) shall:
•
Ascertain and consider those characteristics of the incapacitated person which define his/her uniqueness
and individuality, including but not limited to likes, dislikes, hopes, aspirations, and fears;
•
Encourage the incapacitated person to express preferences and participate in decision-making;
•
Give appropriate deference to the expressed wishes of the incapacitated person;
•
Protect the incapacitated person from injury, exploitation, undue influence, and abuse;
•
Promote the incapacitated person’s right to privacy, dignity, respect, and self-determination; and
•
Make reasonable efforts to maximize opportunities and individual skills to enhance self-direction.
5.
GUARDIAN LIMITATIONS: If applicable, the authority of the guardian(s) is limited as follows, and all
limitations shall be stated in the Letters of Guardianship.
The Guardian(s) of the Estate may not alienate, mortgage, transfer or otherwise encumber or dispose of
real property without court approval.
6.
The guardian(s) appointed hereunder shall be considered the personal representatives under the Standards for
Privacy of Individually Identifiable Health Information ("Privacy Rule") issued pursuant to the Health
Insurance Portability and Accountability Act of 1996 ("HIPAA"), and shall have full and complete access to
all records of the incapacitated person.
7.
INVENTORY: The Guardian(s) shall file with the Court an inventory of all of the incapacitated person’s
property and income, along with a Report of Guardian Cover Page, within 90 days. Said inventory shall be
available for inspection by any party in interest in this guardianship action, upon request to the Surrogate’s
Court to review the inventory.
8.
REPORTING AS TO PERSON:
, as Guardian(s) of the Person, is/are hereby directed to file annually
a report of the well-being of the incapacitated person, along with a Report of Guardian Cover Page.
OR
The filing of a report of well-being is hereby waived for the reasons stated on the record.
9.
REPORTING AS TO ESTATE (PROPERTY):
, as Guardian(s) of the Estate, is/are directed to file annually,
along with a Report of Guardian Cover Page.
Formal accounting (presumptive if guardianship estate valued over $5,000,000);
Comprehensive accounting (presumptive if guardianship estate valued $1,000,000 - $5,000,000);
EZ accounting (presumptive if guardianship estate valued under $1,000,000); or
Revised: 02/2017, CN 11802
(Judgment of Incapacity and Appointment of Guardian(s) of the Person and Estate)
page 2 of 3
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