R. 4:86-7. — Rights of an Incapacitated Person; Proceedings for Return to Capacity or Review of Guardianship

a. Rights of an Incapacitated Person. An individual subject to a general or limited guardianship shall retain:

1. The right to be treated with dignity and respect;

2. The right to privacy;

3. The right to equal treatment under the law;

4. The right to have personal information kept confidential;

5. The right to communicate privately with an attorney or other advocate;

6. The right to petition the court to modify or terminate the guardianship, including the right to meet privately with an attorney or other advocate to assist with this legal procedure, as well as the right to petition for access to funds to cover legal fees and costs; and

7. The right to request the court to review the guardian’s actions, request removal and replacement of the guardian, and/or request that the court restore rights as provided in N.J.S.A. 3B:12-28.

b. Proceedings for Return to Capacity.

1. An incapacitated person, an interested person on the behalf, or the guardian may seek a return to full or partial capacity by commencing a separate summary action by verified complaint. The complaint shall be supported by at least one affidavit or certification as described in Rule 4:86-2(b)(2), and shall set forth facts evidencing that the previously incapacitated person no longer is incapacitated or has returned to partial capacity. The court in its discretion may require additional proofs as needed.

2. The court shall, on notice to the persons who would be set forth in a complaint filed pursuant to Rule 4:86-2, set a date for hearing, appoint counsel for the incapacitated person if the incapacitated person is not represented, and take oral testimony in open court with or without a jury. In addition, the court may appoint a guardian ad litem to evaluate the best interests of the incapacitated person and to present that evaluation to the court in accordance with Rule 4:86-4(d).

3. On presentation of prima facie evidence for termination or modification of the guardianship, the court may order termination or modification pursuant to subparagraph (4) if no party or interested person objects. Any party or interested person objecting to the termination or modification must provide clear and convincing evidence that a basis for continuation of the guardianship exists.

4. The court may render judgment that the person no longer is fully or partially incapacitated, that his or her guardianship be modified or discharged subject to the duty to account, and that his or her person and estate be restored to his or her control, or may render judgment that the guardianship be modified but not terminated.

c. Proceedings for Review of Guardianship. An incapacitated person, or an interested person on the incapacitated person's behalf, may seek review of a guardian's conduct and/or review of a guardianship by filing a motion setting forth the basis for the relief requested. On the return date, the court shall inform the incapacitated person of their rights as set forth in paragraph (a) and of the procedures for return to capacity as set forth in paragraph (b).