Guardianship and conservatorship in New Jersey: who, where, cost
How a court can name a guardian or conservator in New Jersey, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
General guardian or limited guardian of the person, of the estate, or of both; pendente lite temporary guardian.
- Filing fee
- $135 fee paid to the county surrogate when the first paper is filed in a Probate Part action.
- Court
- Superior Court of New Jersey, Chancery Division, Probate Part, in the county where the person lives.
What guardianship or conservatorship is
- What it is called
General guardian or limited guardian of the person, of the estate, or of both; pendente lite temporary guardian
- When a court may appoint one
An incapacitated individual is one impaired by mental illness or intellectual disability so that they lack sufficient capacity to govern themselves and manage their affairs. If the person lacks capacity for some but not all tasks, the court may appoint a limited guardian and must make specific findings about the areas (such as residential, medical, legal, financial) where the person keeps capacity. A general guardian is appointed if the person is without capacity to govern themselves or manage their affairs. The person must have a lawyer (the court appoints one if needed) and must appear unless unable.
Law: N.J.S.A. 3B:1-2; N.J.S.A. 3B:12-24.1
- Kinds
- General guardian
- Limited guardian
- Pendente lite temporary guardian
Law: N.J.S.A. 3B:12-24 to 3B:12-28; N.J.S.A. 3B:1-2
Who can ask, which court and your own choice
- Who may ask
A complaint for adjudication of incapacity and appointment of a guardian is filed in the Superior Court under the Rules of Court; the Rules set out who may file.
Law: N.J.S.A. 3B:12-24.1(i)
- Court
Superior Court of New Jersey, Chancery Division, Probate Part, in the county where the person lives
- Choosing your own
In a durable power of attorney you can nominate a conservator, guardian of your estate or guardian of your person for the court to consider. The court may also consider decision-makers you chose in a durable power of attorney, health care proxy or advance directive.
Law: N.J.S.A. 46:2B-8.4(b); N.J.S.A. 3B:12-25
- Effect on a power of attorney
If a conservator or guardian of your estate is appointed, the attorney-in-fact becomes accountable to that fiduciary as well as to you. A health care representative keeps authority to make health care decisions even if a different person is your guardian, unless the guardianship order or another court decree says otherwise.
Law: N.J.S.A. 46:2B-8.4(a); N.J.S.A. 26:2H-61(b)
Cost, fee waiver and forms
- Filing fee
$135 fee paid to the county surrogate when the first paper is filed in a Probate Part action. Other surrogate fees, such as for copies and certificates, may apply.
Law: N.J.S.A. 22A:2-15
- Steps
Other options and where to report abuse
- Less restrictive options
- Limited guardianship: A guardian with authority only in the areas where the court finds the person lacks capacity; the person keeps decision-making in the other areas.
- Durable power of attorney and advance directive: Documents made while you have capacity naming an attorney-in-fact and a health care representative; the court may consider these choices.
- Report abuse or exploitation
County Adult Protective Services offices (New Jersey Division of Aging Services)
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Free help in New Jersey
- Legal Services of New Jersey Legal Hotline · 1-888-576-5529
- NJ Department of Health: Advance Directive Forms & FAQs
- LSNJLAW (Legal Services of New Jersey): Advance Directives
- LSNJLAW: Guardianship (seniors)
- New Jersey Courts: Guardianship self-help
- Find free legal aid at LawHelp.org
Report abuse or exploitation
County Adult Protective Services offices (New Jersey Division of Aging Services)
Questions about powers of attorney in New Jersey
How does guardianship or conservatorship work in New Jersey?
An incapacitated individual is one impaired by mental illness or intellectual disability so that they lack sufficient capacity to govern themselves and manage their affairs. If the person lacks capacity for some but not all tasks, the court may appoint a limited guardian and must make specific findings about the areas (such as residential, medical, legal, financial) where the person keeps capacity.
What does a guardianship or conservatorship cost in New Jersey?
$135 fee paid to the county surrogate when the first paper is filed in a Probate Part action. Other surrogate fees, such as for copies and certificates, may apply.
What are the alternatives to guardianship in New Jersey?
Limited guardianship; Durable power of attorney and advance directive.