Court Bonds

Supreme Court Relaxes Rule 4-86 Guardianship of Incapacitated Adults


The Supreme Court for the State of New Jersey just announced it is temporarily modifying the process of seeking an adjustment of incapacity of an adult and appointment of a guardian of a person or estate. Due to the strict social distancing requirements set by state and federal governments, Rule 4:86, or “Action for Guardianship of an Incapacitated Person or for Appointment of a Conservator” is now relaxed to allow interviews and examinations of an alleged incapacitated individual by phone or video call. As in-person court appearances and proceedings are presently suspended until further notice, the Supreme Court’s novel order also states an alleged incapacitated individual must be offered a chance to join in the guardianship hearing by phone or video call.

What’s more, judges may deviate from the model form of judgement by permitting the appointed guardian to act right away if qualification cannot be timely finalized and to delay, but not waive, the condition of posting a surety bond, so long as any direct authority over the current estate is narrowly tailored to evade irreparable and immediate harm to the incapacitated individual and their property.

Colonial Surety Company can help you fulfill court requirements by obtaining a court or fiduciary bond. We offer guardianship bonds and conservator bonds online to print or e-file immediately. Simply go to our website, fill out the information needed to obtain your bond, enter in your payment method of choice, and purchase your bond. Contact us today to learn more about obtaining your court or fiduciary bond.