What is a Guardian?

A guardian is a person who has been appointed by the court to conduct the general care and control of another person.  When a guardian is required for a minor (under age eighteen), the guardian is appointed by the Surrogate’s Court.  When a guardian is needed for someone aged 18 or older, the guardian is appointed by Superior Court.

What is a Standby Guardian?

New Jersey law allows parents or legal guardians to designate a standby guardian—someone who will step in to care for a minor child (under age 18), only if a specific event occurs, such as the parent’s death, incapacity, serious illness, or administrative separation (e.g., immigration detention or deportation).

This law gives parents peace of mind and ensures continuity of care in the event of an emergency or unexpected crisis.

Guardianship on Behalf of a Minor

There are several reasons for the appointment of a guardian on behalf of a minor (under age 18).  Most commonly, it occurs when a minor, who is a Passaic County resident, is expected to receive assets — usually money, but 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 custodial care of the Passaic County Surrogate’s Court, and specifically in the Surrogate’s Intermingled Account.

Adult Guardianships

Under N.J. Court Rule 1:34-2, the Passaic 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 also will be responsible for the soon-to-be-implemented State Guardianship Monitoring Program.  Under this program, volunteers will review the annual reports filed by Guardians, as well as in some cases, the ward’s residence.

Additional Oversight

The court considers itself legally responsible to care for protected persons. From the very start of the process, the court’s goal is what’s in the best interest of the AIP/protected person. This starts with appointing a counsel to represent the AIP. The assigned attorney must be a “zealous advocate” for their client.

Guardians of the Estate may also be required to post a surety bond. This helps protect the ward’s assets. The surety bond can be paid from the estate. If the guardian violates the terms of the guardianship, the bond company can sue them for the bond amount.

The ward’s friends and family have the right see if the person is being treated fairly. They can ask the court to review financial records.

Interested parties can use the Motion Kit to file with the court.  

Examples of Guardianship motions:

• Modify guardianship protection.
• Modify reporting requirements.
• Review a guardian’s conduct.
• Review a guardianship.

Guardians have important responsibilities. They must follow all court rules and file periodic reports.  Learn more with the Guardianship of the Person, Guardianship of the Estate, and Guardianship Reporting Forms brochures. You can also watch a tutorial on court-appointed guardianship.

For more information about Court-appointed guardians, please visit the NJ Courts Guardianship Self-Help Center.    

To make an Appointment for Guardianship matters:

please Email:   monitoringclerk@passaiccountynj.org. or call 973-881-4760