A guardian is a person appointed by the court to provide general care and make decisions for someone who cannot do so on their own. For adults age 18 or older who are incapacitated, as well as for minors under age 18, guardians are appointed by the Superior Court, and the Surrogate’s Court manages the process. Guardianship is typically requested when an adult is unable to make decisions due to mental or physical limitations, or when a minor’s parents are unable to care for them. This may include adults with conditions such as dementia, Alzheimer’s disease, or the effects of a serious accident, and minors whose parents have passed away, are incapacitated, or have had their parental rights terminated.
Under N.J. Court Rule 1:34-2, the Morris County Surrogate acts as Deputy Clerk of Superior Court, Chancery Division, Probate Part for the filing of the appropriate pleadings.
Adults are declared incapacitated in Superior Court by way of an Order to Show Cause, Verified Complaint, and certain required affidavits. The Court will appoint an independent attorney to represent the alleged incapacitated person. A report is generated and a plenary hearing may be required.
Upon adjudication, the Surrogate qualifies the court-appointed Guardian(s) and issues the official letters of Guardianship.
The Surrogate’s Court is also responsible for the State Guardianship Monitoring Program. Under this program, volunteers review the annual reports filed by Guardians, as well as, in some cases, the ward’s residence.
If you have any questions, please contact our Superior Court Chief Clerk, Annette Rivera, at arivera@co.morris.nj.us.
The appointment of a guardian on behalf of a minor for property (under age 18) occurs when a minor, who is a Morris County resident, is expected to receive assets — usually money from beneficiary proceeds and may include stocks, bonds, or real estate — in amounts greater than $5,000 per year.
A more common occurrence is a monetary settlement resulting from an accident involving a minor. The Superior Court of New Jersey enters a judgment to formalize that settlement. The settlement funds are then placed in the custodial care of the Morris County Surrogate’s Court, specifically in the Surrogate’s Intermingled Trust Account.
If you wish to schedule an appointment for a minor guardianship, please click here.