N.J.S.A. 30:4-165.7 — Filing of complaint for guardianship.

30:4-165.7 Filing of complaint for guardianship. 1. a. The commissioner or any parent, spouse, relative, or interested party, on behalf of an alleged incapacitated person who is receiving functional or other services and is 18 years of age or over, may file a complaint upon notice to the alleged incapacitated person with the Superior Court in the county furnishing the services or in which the parent, spouse, relative, or interested party resides for a judgment designating a guardian. b. If the commissioner or any parent, relative, or interested party on behalf of a minor under the age of 18 who is receiving functional or other services anticipates that the minor may require a guardian upon attaining the age of 18, the commissioner, parent, relative, or interested party may file a complaint with the Superior Court in the county furnishing the services or in which the parent, relative, or interested party resides for a judgment designating a guardian. The complaint may be filed up to 180 days prior to the date the minor attains the age of 18. Any judgment designating a guardian shall take effect no earlier than the date the minor attains the age of 18. c. The county of settlement shall be served with a copy of the moving papers, however, the county may waive service of the moving papers if it has no reason to oppose the action. If the county elects to oppose the action, it shall do so within 30 days after being served with a copy of the moving papers. d. Unless filed by the commissioner, a complaint shall be served by the filing party upon the Division of Developmental Disabilities, to the attention of the Regional Director for the region in which the alleged incapacitated person is receiving functional or other services. The filing party shall likewise serve upon the Regional Director a copy of the Order Fixing Hearing Date and Appointing Attorney for Alleged Incapacitated Person, as well as a copy of any Judgment of Incapacity and Order Appointing Guardian. L.1970, c.289, s.1; amended 1976, c.76, s.1; 1985, c.133, s.4; 1995, c.155, s.25; 1997, c.379, s.4; 2015, c.132, s.2; 2025, c.179, s.2.

This is the verbatim text of N.J.S.A. 30:4-165.7, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.