Bindinglaw

NJ · rules

N.J. Ct. R. 4:86-12

Special Medical Guardian In General Equity

activein force · 2024-09-01 – presentact-effective-date

(a) Standards. On the application of a hospital, nursing home, treating physician, relative or other appropriate person under the circumstances, the court may appoint a special guardian of the person of a patient to act for the patient respecting medical care consistent with the court's order, if it finds that:

(1) the patient is incapacitated, unconscious, underage or otherwise unable to consent to medical care;

(2) no general or natural guardian is immediately available who will consent to the rendering of medical care or, as the case may be, withholding of medical care for a patient with a serious irreversible illness or condition;

(3) the prompt rendering of medical treatment is necessary in order to deal with a substantial threat to the patient's life or health, or, in the case of withholding treatment, where the patient has a serious irreversible illness or condition and the likely risks or burdens associated with the medical intervention to be withheld or withdrawn may reasonably be judged to outweigh the likely benefits to the patient from such intervention; and

(4) the patient has not designated a health care representative or executed a health care instruction directive pursuant to the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 to -78, determining the treatment question in issue.

(b) Venue. The application shall be made to the Superior Court judge assigned to general equity in the vicinage in which the patient is physically located when the application is made and, in the event of that judge's unavailability, to the Assignment Judge of the vicinage or the judge designated as the emergent judge, or if neither is available, any judge in the vicinage.

(c) Procedure. The procedure on the application shall conform as nearly as practicable to the requirements of R. 4:86-1 to R. 4:86-6, but the judge may, if the circumstances require, accept an oral complaint and oral testimony either by telephone, in court, or at any other suitable location. If the circumstances do not permit the making of a verbatim record, the judge shall make detailed notes of the allegations of the complaint and the supporting testimony. Whenever possible an attorney shall be appointed to represent the patient.

(d) Order. The order granting the application, if orally rendered, shall be reduced to writing as promptly as possible and shall recite the findings on which it is based. Quasi-judicial immunity shall be extended to the appointed special guardian.

History

Note: Adopted November 1, 1985 to be effective January 2, 1986; paragraphs (a), (b) and (c) of former R. 4:83-12 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (a)(1) amended July 12, 2002 to be effective September 3, 2002; caption and paragraph (a)(1) amended July 9, 2008 to be effective September 1, 2008; paragraphs (a) and (d) amended July 15, 2024 to be effective September 1, 2024.

Provenance

Source
njcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
c49cdc500eb212673b852dff907aa5f8f803d357f4e9cc6d945451a22a1c7fe2
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
N.J. Ct. R. 4:86-12 — Special Medical Guardian In Gen… · binding.law