Law Lessons from IN THE MATTER OF MARY D. FREEMAN, App. Div., A-3513-08T3, December 31, 2009:

All matters relating to guardianships must be “filed with the Surrogate of the county of venue as the deputy clerk of the Superior Court, Chancery Division, Probate Part. . . .” R. 4:83-2. “A guardian of the person of a ward shall exercise authority over matters relating to the rights and best interest of the ward’s personal needs,” to the extent adjudicated by the probate court, N.J.S.A. 3B:12-57f, including “provid[ing] for the care, comfort and maintenance . . . of the ward,” N.J.S.A. 3B:12-57f(3), and “[i]f necessary institut[ing] an action that could be maintained by the ward including but not limited to, actions alleging fraud, abuse, undue influence and exploitation.” N.J.S.A. 3B:12-57f(10).

Under Rule 4:83-1, “all actions in the Superior Court, Chancery Division, Probate Part, shall be brought in a summary manner by the filing of a complaint and issuance of an order to show cause pursuant to R. 4:67.” A summary action pursuant to Rule 4:67-1(a) is brought via an order to show cause supported by a verified complaint pursuant to Rule 1:6-6. R. 4:67-2(a). Rule 1:6-6 provides,

[i]f a motion is based on facts not appearing of record or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and which may have annexed thereto certified copies of all papers or parts thereof referred to therein.

[R. 1:6-6.]

“The court, if satisfied with the sufficiency of the application, shall order the defendant to show cause why final judgment should not be rendered for the relief sought.” R. 4:67-2(a).

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