In Sussex County, NJ, adult guardianship proceedings under the Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) require clear and convincing evidence of incapacity. Law Offices Of SRIS, P.C. provides experienced guidance through Surrogate Court. Our firm has over 120 years of combined legal experience.

Last verified: April 2026 | Superior Court of NJ, Sussex Vicinage | New Jersey Legislature

Adult guardianship in New Jersey is governed by the Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.). A guardianship is a legal process where the court appoints a person (the guardian) to make personal and/or financial decisions for an adult who is unable to do so due to incapacity. The standard of proof is clear and convincing evidence. The court must find that the alleged incapacitated person lacks the capacity to manage their own affairs and that guardianship is the least restrictive alternative.

For the official New Jersey statutes on guardianship, see N.J.S.A. 3B:31-1 et seq. (Uniform Trust Code) and the Sussex County Superior Court website.

1. File a verified complaint with the Surrogate Court in Sussex County.
2. Provide medical affidavits from two licensed physicians detailing the incapacity.
3. Attend a hearing where the alleged incapacitated person has the right to be present and represented.
4. If granted, the guardian posts a bond (unless waived) and files an initial inventory.
5. File annual accountings with the Surrogate Court.
6. Seek court approval for any major decisions outside the scope of the guardianship order.

In Sussex County, adult guardianship proceedings carry no criminal penalties but involve significant legal costs and potential for surcharge if the guardian breaches fiduciary duties.

Under N.J. Stat. § 14A:1-1, state law governs this practice area.