Guardianship

1. Overview

Guardianship Filing Guide

Answer a few questions and we'll show you exactly which forms you need.

Who needs a guardian?

This determines which process applies to your situation.

What type of minor guardianship do you need?

This determines whether you file with the Surrogate's Court or Family Court.

Is the person developmentally disabled?

Examples include Autism, Down's Syndrome, and other conditions diagnosed before age 21.

Is the person eligible for, or currently receiving, DDD services?

DDD stands for the Division of Developmental Disabilities — a state agency that provides services to people with developmental disabilities.

Your Filing Type: Title 3B (Private)
This applies to guardianship due to dementia, Alzheimer's, accident-related injury, or other non-developmental conditions.

📄 Forms You Need

📝 Steps to Follow

  1. Print and review the Private Pro Se Guardianship Checklist — it will guide you through the entire process.
  2. Open the Packet using Microsoft Word (not a PDF viewer). Formatting may be altered otherwise.
  3. Complete all forms. Check formatting, proofread for errors, and make sure every field is filled in.
  4. Obtain two separate doctor's certifications with exam dates within 30 days of your filing date.
  5. Date and sign all documents. We require originals.
  6. Submit your completed packet with the $200 filing fee to the Morris County Surrogate's Court.
Important: You may be required to pay for the attorney that the Court assigns to the alleged incapacitated person.
Your Filing Type: Title 30 (DDD)
This applies when the alleged incapacitated person is developmentally disabled and eligible for or receiving DDD services.

📄 Forms You Need

DDD Supporting Certifications:

📝 Steps to Follow

  1. Print and review the DDD Pro Se Guardianship Checklist — it will guide you through the entire process.
  2. Open the Packet using Microsoft Word (not a PDF viewer). Formatting may be altered otherwise.
  3. Complete all forms. Check formatting, proofread for errors, and make sure every field is filled in.
  4. Gather required DDD supporting certifications (see forms above).
  5. Date and sign all documents. We require originals.
  6. Submit your completed packet with the $200 filing fee to the Morris County Surrogate's Court.
Important: A pro-bono (free) attorney will be assigned for the alleged incapacitated person. DDD filings are more flexible with required documents.
Your Filing Type: Title 3B (DD — Developmentally Disabled, not DDD-eligible)
The person is developmentally disabled but not eligible for or receiving DDD services. This uses the Private filing process.

📄 Forms You Need

📝 Steps to Follow

  1. Print and review the Private Pro Se Guardianship Checklist — it will guide you through the entire process.
  2. Open the Packet using Microsoft Word (not a PDF viewer). Formatting may be altered otherwise.
  3. Complete all forms. Check formatting, proofread for errors, and make sure every field is filled in.
  4. Obtain two separate doctor's certifications with exam dates within 30 days of your filing date.
  5. Date and sign all documents. We require originals.
  6. Submit your completed packet with the $200 filing fee to the Morris County Surrogate's Court.
Note: Even though the person is developmentally disabled, since they are not DDD-eligible, this follows the Private filing process. You may be required to pay for the cost of the court-appointed attorney.
Guardianship of a Minor's Property (Estate)
This is handled by the Morris County Surrogate's Court.

📄 Forms You Need

📝 Steps to Follow

  1. Download and complete the Minor Guardianship Info Sheet above.
  2. Gather the minor's original birth certificate and social security card — both are required.
  3. Prepare the $50 filing fee.
  4. Schedule an appointment with the Surrogate's Court.
  5. Bring all documents and the filing fee to your appointment.
Remember: Both natural parents have the first rights to make application as guardian. If you are not a parent, you may need additional documentation.
Guardianship of the Person of a Minor
This type of guardianship is generally filed through the Family Division of Superior Court.

📞 Contact the Family Division of Superior Court

Guardianship of the person of a minor — meaning medical, educational, and day-to-day care decisions — is generally filed through the Morris County Family Division of Superior Court. We recommend contacting them directly for guidance on this process.

(862) 397-5700 ext. 75145

Visit the NJ Courts Family Division page →

Note: The Surrogate's Court primarily handles guardianship of a minor's property (estate) — for example, managing money inherited by or awarded to a minor. If that's what you need, click here for property guardianship information.

2. What Is Guardianship

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.

Types of Guardianship

Guardianship of the Person

Entails the ability to make medical, legal, educational, and vocational arrangements and decisions for the incapacitated person.

Guardianship of the Property

Entails the ability to make financial arrangements and decisions for the incapacitated person.

Guardianship of the Person & Property

Entails the ability to make all of the above arrangements and decisions.

Limited Guardianship

Entails very specific decision-making abilities as determined by the Court.

Incapacitated Adult Guardianships

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.

3. Filing for Guardianship of an Incapacitated Person

Adults with impaired capacity may need someone to become their legal guardian. An applicant, typically the proposed guardian, must file a Complaint seeking guardianship, along with two separate doctor's certifications outlining 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. He or she will make a decision regarding guardianship.

The Morris County Surrogate's Court can assist pro-se applicants (applicants without an attorney) with the process in straightforward guardianship cases.

If you have any questions, please contact our Superior Court Chief Clerk, Annette Rivera, at arivera@co.morris.nj.us.

Application Types

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). (Autism, Down's Syndrome, etc.)

A Title 3B (DD) application is one where the alleged incapacitated person is developmentally disabled but is not eligible for or receiving services from DDD. (Autism, Down's Syndrome, etc.)

Title 3B entails all other applications (accident-related injury; dementia, Alzheimer's, etc.)

DDD vs. Private Filing — Key Differences

Is the alleged incapacitated person eligible for DDD services, but you can't decide whether you should use the DDD application or not? Here are the main differences between the two filings:

DDD Filing Private Filing
$200 filing fee $200 filing fee
More flexible with documents required Requires 2 doctor's certifications with exam dates within 30 days of your filing date
Pro-bono (free) attorney assigned for the alleged incapacitated person You must pay for the attorney the Court is required to assign to the alleged incapacitated person
Minimum of 120-day wait between filing your Complaint and the guardianship hearing Roughly 4–6 weeks between filing your Complaint and the guardianship hearing

Steps to File

  1. Determine what type of Guardianship you will be filing for. Review the information above and call our office if guidance is needed.
  2. Open all non-PDF documents using Microsoft Word. Otherwise, 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. Check for proper formatting, proofread for errors, and make sure all information being asked for is inputted.
  5. Remember to date and sign your documents. We require originals.

4. Guardianship Forms & Packets

Private Pro Se Guardianship Forms

DDD Pro Se Guardianship Forms

For an alleged Incapacitated Person with a chronic developmental disability diagnosed before the age of 21, who is potentially eligible for "DDD" (or equivalent) services in their lifetime.

DDD Supporting Certifications

Packets to Add or Substitute a Guardian

5. Guardianship Reporting

Annual Reports

These reports are due every year within 14 days of the anniversary of your Judgment date. Your judgment will tell you which of these reports to complete:

Kindly mail your signed hard copy Annual Report to, or drop it off at, our office. There is a drop box in the lobby, if you find that convenient.

Our address is:

Morris County Surrogate's Court
10 Court St #5
Morristown, NJ 07960

Additional Blank Pages

Need additional cover pages for co-guardians, blank new doctor's certification for next year's physical, or an insert page for disbursements? Print from here:

Final Reports

Has your ward passed away? Find final financial reports here:

Report of Well-Being Tips & Reminders

  • It is your responsibility as legal guardian to be aware of your ward's medical care.
  • Answer every question yourself, even if your ward is in a facility.
  • Do not refer us to attachments in your answers.
  • The Certification by Examining Professional is to be completed by any doctor who has treated your ward within the last reporting year — no other medical documents need to be included; please do not attach IHP reports.
  • You can use a blank Certification by Examining Professional during any appointments over the next year for next year's reporting.
  • We do not charge any fee for cover pages or well-being reports.

Accounting Tips & Reminders

  • You do not need to supply statements unless we ask for them.
  • Please label your Accounting with your reporting range dates.
  • This year's beginning balance should match last year's ending balance.
  • There is a $5 per page fee for financial reports (SS Report, EZ Accounting, Comprehensive Accounting).

Co-Guardian Reminders

All co-guardians must report. Co-Guardians may all sign the same reports or send in their own reports. Either way, there must be a cover page for each co-guardian. (Co-Guardians who live together may complete one cover page with all names.)

Detailed Report Instructions

  1. Cover Page Instructions (PDF)(PDF, 24KB)
  2. Inventory Instructions (PDF)(PDF, 47KB)
  3. Report of Well-Being Instructions (PDF)(PDF, 72KB)
  4. EZ Accounting Instructions (PDF)(PDF, 150KB)
  5. Comprehensive Accounting Instructions (PDF)(PDF, 442KB)

Questions about guardianship reporting?

Contact the Surrogate's Office

(973) 285-6500

Email the Surrogate's Office

6. Guardianship of a Minor

A Guardianship may be necessary for a minor if he or she inherits or is awarded money or if alternative arrangements need to be made for educational or medical purposes.

There are two types of Guardianship of a Minor:

  • Guardianship of the Property: A guardian may be appointed to protect money awarded to or inherited by a minor.
  • Guardianship of the Person: A guardian may be appointed to make educational and medical arrangements for a minor. Guardianship of the person of a minor cannot be added to a party without stripping the initial party of their guardianship rights.

These can be combined into the Guardianship of Person & Property.

Guardianship on Behalf of a Minor (For Property)

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.

Related Documents

Questions about minor guardianships?

Contact the Surrogate's Office

(973) 285-6500

Email the Surrogate's Office

7. Concerns About a Guardianship

The friends and family of the person under guardianship have the right to check up on the guardianship. They can check to see if the person is being treated fairly. They can ask the court to review financial records. The guardian has a responsibility to show they are doing the right thing.

Use the Motion Kit to file with the court once guardianship goes into effect. Any party-in-interest can file a motion. This includes the guardian themselves, the ward, or friends and family.

You can file a guardianship motion if you want to:

  • Modify guardianship protection (such as reducing the amount of a surety bond).
  • Modify reporting requirements.
  • Review a guardian's conduct.
  • Review a guardianship.

8. Training & Resources

Types & Responsibilities of Guardianship

There are three types of guardianship:

  • Guardianship of the person and estate. The guardian takes care of the well-being and finances of the person under guardianship.
  • Guardianship of the person only. The guardian only takes care of the well-being of the person under guardianship.
  • Guardianship of the estate only. The guardian only manages the financial affairs of the person under guardianship.

The court decides if the person needs general or limited guardianship.

  • General Guardianship. The guardian can exercise all rights and powers on behalf of the person under guardianship.
  • Limited Guardianship. The guardian's role is less intrusive and more individualized, so that the person under guardianship can make some decisions for themselves.

Guardians have important responsibilities. They must follow all court rules and file periodic reports. Learn more with the following brochures:

Additional Resources

For current statewide incapacitated adult guardianship guidance and forms, visit the New Jersey Courts Guardianship Self-Help page:

9. Additional Forms

Back to top