Adults with impaired capacity may need someone to become their legal guardian. An applicant, typically the proposed guardian, must file a complaint seeking guardianship with the County Surrogate’s Office, along with two separate doctors’ certifications outlining the diagnosis and prognosis. The court will appoint an attorney for the alleged incapacitated person and file a detailed report with the court. A Superior Court judge will then review all documents and may hold a hearing. The judge will make a decision regarding guardianship.

Applications for Guardianship of an Incapacitated Person

When filing for guardianship of an incapacitated person, it is important to file the appropriate application. There are two different applications:

• Title 30 (DDD). File this application if the alleged incapacitated person is developmentally disabled (diagnosed with autism, Down’s Syndrome, etc.) and is eligible for, or already receiving, services from the Division of Developmental Disabilities (DDD). A Title 30 (DDD) application is one where the alleged incapacitated person is developmentally disabled and eligible for, or receiving services from, the Division of Developmental Disabilities (DDD).
• Title 3B (DD). File this application if the alleged incapacitated person is developmentally disabled (diagnosed with autism, Down’s Syndrome, etc.), but is not eligible for or already receiving services from the DDD. The Title 3B application encompasses all other applications, such as those for persons who are incapacitated due to an accident-related injury, dementia, Alzheimer’s, etc.

Types of Guardianship

As part of a complaint seeking guardianship, the type of guardianship being requested must be specified. There are different types of guardianship, including:

• Guardianship of the Person. This allows the legal guardian to make medical, legal, educational, and vocational decisions and arrangements for the incapacitated person.
• Guardianship of the Property. Under this type of guardianship, the legal guardian has the right to make financial arrangements and decisions for the incapacitated person.
• Guardianship of the Person & Property. A combination of Guardianship of the Person and Guardianship of the Property, this type of guardianship allows the guardian to make medical, legal, education, vocational, and financial arrangements and decisions for the incapacitated person.
• Limited Guardianship. This type of guardianship grants the legal guardian very specific decision-making abilities.

Filing for Guardianship of an Incapacitated Person

There are certain steps that must be taken and specific documents that must be submitted when filing for guardianship of an incapacitated person:

1. Determine the type of guardianship you will be filing for and review all relevant information below. Call the Middlesex County Surrogate’s Office at 732-745-3055 if you have any questions or need assistance.
2. Open all non-PDF documents using Microsoft Word. If you do not open these documents using Microsoft Word, the formatting may be significantly altered.
3. Print the appropriate checklist below. This will show you the step-by-step process of filing for guardianship.
4. Complete the appropriate guardianship packet. Be sure to complete the correct packet. Check for proper formatting, proofread for errors, and make sure you input all information that is requested.
5. Remember to date and sign all documents. Please note that the Surrogate’s Court requires original documents.

As of May 15, 2021, the Supreme Court has added a new policy of background searches for any proposed guardian except for parents, spouse, pendente lite temporary guardians appointed, authorized agencies, public officials appointed as limited guardians of the person, banks, trust companies, credit unions, savings and loan associations other financial institutions and attorneys.

Performing a background screening is one way that the court gets information to make a decision about whether a person should be appointed guardian. The court recognizes that people make mistakes or can be subject to unfortunate circumstances outside of their control. These facts will not disqualify them from being considered as a guardian. The court will make a decision based on all the facts available. These include information from the person or people seeking guardianship, the alleged incapacitated person, and other people involved in the case, as well as the screening results. The process is designed to help the court in doing what is best for the person who is subject to the guardianship.

Fees

• Incapacitated Guardianship: $200
• Cost of Motion: $15
• Guardianship qualifying paperwork: $50
• Filing report: $5
• Answer: $110
• Guardianship Training

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Guardianship Resources