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Judgment Of Legal Incapacity And Appointing Guardian Of Person And Estate (Form And Sample) 10510 - New Jersey
| Judgment Of Legal Incapacity And Appointing Guardian Of Person And Estate (Form And Sample) Form. This is a New Jersey form and can be used in Probate Statewide . |
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SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION _______________ COUNTY PROBATE PART Docket No. In the Matter of , an Incapacitated Person CIVIL ACTION JUDGMENT OF LEGAL INCAPACITY AND APPOINTING A GUARDIAN OF THE PERSON AND ESTATE THIS MATTER being opened to the Court by ______________________, attorney for ____________________, in the presence of ________________________, attorney for the then alleged incapacitated person, and _________________________, the then alleged incapacitated person, and no demand having been made for a jury trial, and the Court sitting without a jury having found from the report of ____________________________, Esq., together with the report of the examining physicians _________________________ M.D. and _______________________ M.D. licensed practicing psychologist and proofs given that______________________ is an incapacitated person who lacks sufficient capacity to govern h__self and manage h__ affairs, and it further appearing that_______________________ consents to serve as Guardian of the Person and Estate of _________________________ and for good cause shown: IT IS on this ____ day of ___________, 20__ ORDERED AND ADJUDGED that: 1. ____________________________________ is an incapacitated person and is unfit and unable to govern h__self and manage h__ affairs, except that ________________________ is fully able at this time to govern h__self and manage h__ own affairs with respect to the following areas: ______________________________________________________ ______________________________________________________________________ _____________________________________________________________________. 2. __________________________ be and hereby is appointed Guardian of the Person and Estate of __________________________ and that Letters of Guardianship of the Person and Estate be issued upon h__ (a) qualifying according to law, (b) acknowledging to American LegalNet, Inc. www.FormsWorkflow.com the Surrogate of _____________ County, upon receipt of a copy of the guardian's manual and annual report form, the receipt of the same and (c) entering into a surety bond unto the Superior Court of New Jersey in the amount of $_____________, which bond shall contain the conditions set forth 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 of ______________ County shall issue Letters of Guardianship of the Person and Estate to __________________________ and thereupon ____________________________________ be and hereby is authorized to perform all the functions and duties of a Guardian as allowed by law, except as limited herein or in areas where_______________________ retains decision making rights. 4. The Guardian of the Estate may not alienate, mortgage, transfer or otherwise encumber or dispose of real property without court approval. Said limitation shall be stated in the Letters of Guardianship. 5. The court having reviewed the affidavit or certification of services of ______________________, Esq., previously filed with the court, _________________________ shall pay _______________________, court-appointed attorney for ____________________ _____________________, a fee of $_______________ for professional services rendered and $___________ for expenses incurred, which disbursements are hereby approved. 6. The court having reviewed the affidavit or certification of services of Esq., previously filed with the court, _________________________ _____________________________, shall pay _______________________, attorney for plaintiff, a fee of $_____________ for professional services and $______________ for expenses incurred, which sum includes reimbursement or payment of the cost of the physician affidavits or certifications, which disbursements are hereby approved. 7. _______________________ is hereby directed to file annually a report of the well-being of __________________________. The report must be filed each year on the anniversary date of this Judgment with the Surrogate of ____________________ County. A copy of the report must also be served upon __________________________. 8. ________________________ is directed to file an annual informal accounting American LegalNet, Inc. www.FormsWorkflow.com on the anniversary date of this judgment, or any time as ordered by this court, with the Surrogate of _________________ County. Said annual informal account does not replace or satisfy the duty to file and bring on for approval a formal accounting as required by law or as ordered by the court. A copy of the informal accountings must also be served upon ___________________________________. 9. ________________________ is hereby directed to advise the Surrogate of ________________ County within ten (10) days of any changes in the address or telephone number of himself or herself or the incapacitated person or within thirty (30) days of the incapacitated person's death or of any major change in status or health. 10. __________________________ shall cooperate fully with any Court staff or volunteers until the guardianship is terminated by the death or return to competency of _______________________________ or the Guardian's death, removal or discharge. 11. ____________________________ attorney for plaintiff, shall serve a copy of this Judgment upon all interested parties and attorneys of record within seven (7) days from the receipt hereof. 12. ____________________________ shall file with the Court within 90 days days, an inventory of all of the incapacitated person's property and income. Within said period a copy of the inventory shall be served on all next-of-kin and parties in interest. 13. ___________________________________, court appointed attorney for ________________________, having reported to the court and advocated on behalf of the incapacitated person, be and hereby is discharged from any further obligation to act as attorney for ________________________________. 14. It appearing that the plaintiff and the attorney appointed to represent the alleged incapacitated person have inquired about powers-of-attorney, health care directives and trusts for the benefit of the incapacitated person that were executed by the incapacitated person and proof of service having been made on the attorneys-in-fact, representative or trustee designated in such document or documents, and good cause shown appearing that the authority therein contained should be revoked. American LegalNet, Inc. www.FormsWork
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