New Jersey Probate Form 12789

Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person

Everything you need to know about New Jersey Form 12789, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NJ probate forms.

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About Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person is a commonly used form within New Jersey. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person:

  • This form pertains to the State of New Jersey

  • The official New Jersey source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New Jersey’s Form 12789 - Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person up to date, certain details can change from time-to-time with little or no communication.

How to file Form 12789

Step 1 - Download the correct New Jersey form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New Jersey probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 12789, take a break, and then review. Probate and estate settlement processes in NJ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 12789 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 12789 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New Jersey.

5 reasons you should submit 12789 as quickly as possible:

  1. The sooner you begin, the faster New Jersey can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New Jersey. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of New Jersey is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New Jersey probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New Jersey probate clerk or court for exact answers regarding Form 12789, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 12789 Online

Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person is one of the many probate court forms available for download through Atticus.

It may also be available through some New Jersey probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New Jersey.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 12789 - Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New Jersey probate court office.

Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New Jersey-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form 12789 - Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person is a probate form in New Jersey.

  • New Jersey has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in New Jersey.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in New Jersey, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 12789

Here’s the text, verbatim, that is found on New Jersey Form 12789 - Adult Guardianship - Report Of Court-appointed Counsel For The Alleged Incapacitated Person. You can use this to get an idea of the context of the form and what type of information is needed.

Filing Attorney Information: Name NJ Attorney ID Number Law Firm/Agency Name Address Email Address Telephone Number Superior Court of New Jersey Chancery Division - Probate Part In the Matter of,County , Docket Number Civil Action Report of Court-Appointed Counsel for the Alleged Incapacitated Person Name of Alleged Incapacitated Person (AIP) an Alleged Incapacitated Person The following represents the report of , an attorney-at-law of the State of New Jersey, who was appointed by the court to serve as court appointed counsel for , an alleged incapacitated person (“AIP”), by way of Order Fixing Hearing Date and Appointing Attorney for Alleged Incapacitated Person dated , and in accordance with R. 4:86-4(b) and other applicable law: Information Developed by Counsel’s Inquiry 1.I obtained copies of and have reviewed the Verified Complaint, Certifications of Physician or Psychologist, Certification of Assets, Order Fixing Hearing Date and Appointing Attorney for Alleged Incapacitated Person, proposed Judgment of Incapacity and Appointment of Guardian(s) of the ☐ Person / ☐ Person and Estate, and background screening results of the proposed guardian(s). Personal Interview of the Alleged Incapacitated Person 2.I met with and personally interviewed the AIP on (date) at (location). List the names and relationships to the AIP of any other individuals present: 3.Describe the physical appearance of the AIP: 4.Describe your observation of the disability of the AIP, and compare/contrast with the content of the Certifications of Physician or Psychologist: 5.Describe the mood and affect of the AIP: 6.Describe your explanation of the role of the court-appointed attorney to the AIP, and the AIP’s response: Published 05/05/2021, CN 12789 (Report of Court-Appointed Counsel for the Alleged Incapacitated Person)page 1 of 5 7.Describe the AIP’s explanation of their daily activities: 8.Describe the AIP’s explanation of their relationships: 9.Describe the AIP’s interactions with any others present: 10.Describe other content of your interview of the AIP: 11.Describe your interactions with any other individuals present during your interview of the AIP: 12.Add additional paragraphs as necessary, setting forth any additional information developed by your personal interview of the AIP: 13.Describe the content and outcome of any follow-up interviews of the AIP: Inquiry of Persons Having Knowledge of the Alleged Incapacitated Person’s Circumstances, Physical and Mental State, and Property 14.In addition, I made inquiry of the following individuals having knowledge of the AIP’s circumstances, physical and mental state, and property. List plantiff(s), prospective guardian(s), interested parties, professionals or service providers involved in the care of the AIP’s person and property, and any others contacted: Note: click the “+” sign to repeat question #15 for each person listed in question 14. The “+” appears after clicking in the field. 15.I ☐ met with and personally interviewed / ☐ spoke with ☐ in person / ☐ by phone/video on (date). a.Describe the individual’s relationship to the AIP: b.Describe content of your inquiry related to the AIP’s circumstances, physical and mental state, and property: Note: click the “+” sign to repeat question #16 for each doctor. The “+” appears after clicking in the field. 16.I ☐ met with and personally interviewed / ☐ spoke with Dr. ☐ in person / ☐ by phone/video on (date). a.Describe the doctor’s relationship to the AIP, frequency of appointments, etc: Published 05/05/2021, CN 12789 (Report of Court-Appointed Counsel for the Alleged Incapacitated Person)page 2 of 5 b.Describe any change in the AIP’s condition or status: 17.Describe any attempts to make inquiry of additional individuals who were not available or could not otherwise be reached: 18.Add additional paragraphs as necessary, setting forth any additional information developed by your inquiry: Inquiry as to Will, Powers of Attorney, Health Care Directives, or Interests as Beneficiary of Will or Trust 19.I made reasonable inquiry to locate any will, powers of attorney, or health care directives previously executed by the AIP and to discover any interests that the AIP may have as beneficiary of a will or trust. a.Describe how such inquiry was made and the outcome of the inquiry: 20.Add additional paragraphs as necessary, setting forth any additional information developed by your inquiry: Recommendations Concerning the Court’s Determination on the Issue of Incapacity 21.The complaint and supporting certifications assert that the AIP is incapacitated due to ( describe the disability of the AIP). My interview and investigation ☐ does / ☐ does not support this conclusion because: 22.Add additional paragraphs as necessary, setting forth any additional recommendations concerning the court’s determination on the issue of incapacity: Recommendations Concerning a Case Plan 23.State whether a case plan for the AIP should thereafter be submitted to the court, and the basis for such recommendation: 24.Add additional paragraphs as necessary, setting forth any additional recommendations concerning a case plan for the AIP: Recommendations Concerning the Suitability of Less Restrictive Alternatives/Areas of Decision-making Published 05/05/2021, CN 12789 (Report of Court-Appointed Counsel for the Alleged Incapacitated Person)page 3 of 5 That the Alleged Incapacitated Person May be Capable of Exercising 25.I have specifically considered the following types of arrangement less restrictive than a plenary guardianship (check all that apply): ☐ Limited guardianship ☐ Protective arrangement per N.J.S.A. 3B:12-1 et seq. ☐ Conservatorship ☐ Durable Power of Attorney ☐ Advanced Directive for Healthcare ☐ Advanced Directive for Mental Healthcare ☐ Supported Decision-making (Complete ONE of the questions below, as appropriate) 26.I find that none of the above are appropriate because: ☐ the AIP lacks capacity in any area ☐ the AIP lacks capacity to consent to a conservatorship, durable power of attorney, or advanced directive ☐ Set forth other reasons why none are appropriate: OR 26.I find that the following option(s) should be pursued in lieu of a plenary guardianship: a.List option(s): b.Provide a delineation of those areas of decision-making that the AIP may be capable of exercising, and explain your reasoning: c.Indicate whether the matter should return to court at a scheduled time for review of the guardianship, if instituted: 27.Add additional paragraphs as necessary, setting forth any additional recommendations concerning less restrictive alternatives or decision-making rights that the AIP may retain: Dispositional Preferences Expressed by the Alleged Incapacitated Person 28.State whether the AIP has expressed dispositional preferences. If so, describe such preferences and recommend their inclusion in the Judgment of Incapacity and Appointment of Guardian(s): 29.Add additional paragraphs as necessary, setting forth any additional information concerning the AIP’s dispositional preferences: Published 05/05/2021, CN 12789 (Report of Court-Appointed Counsel for the Alleged Incapacitated Person)page 4 of 5 Recommendations Concerning Powers of Attorney, Health Care Directives, and/or Revocable Trusts 30.Set forth any recommendations concerning whether good cause exists for the court to order that any power of attorney, health care directive, or revocable trust created by the AIP be revoked: 31.Set forth any recommendations concerning whether the authority of the person or persons acting under any power of attorney, health care directive, or revocable trust created by the AIP be modified or restricted: 32.Add additional paragraphs as necessary, setting forth any additional recommendations concerning the AIP’s powers of attorney, health care directives, and/or revocable trusts, if any: I hereby certify and say that the statements made by me are true. I am aware that if any are willfully false, I am subject to punishment. s/ Dated: Attorney-at-Law of the State of New Jersey Published 05/05/2021, CN 12789 (Report of Court-Appointed Counsel for the Alleged Incapacitated Person)page 5 of 5

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