In New Jersey, being declared incapacitated does not necessarily mean that a person will remain under guardianship forever. Circumstances can change, and when they do, the law provides a path for individuals to regain some, or all, of their decision-making rights. This process is known as a Restoration of Capacity action.
The application for the restoration of capacity must be commenced by Verified Complaint and is typically initiated by the person under guardianship. The Complaint must be supported by two physician certifications, setting forth facts evidencing that the previously incapacitated person is no longer is incapacitated or has returned to partial capacity. In other words, the applicant may ask the court to either end the guardianship entirely, or modify it, allowing them to regain certain rights while keeping limited support in place.
The Court is required to conduct a hearing and take testimony in open court, with or without a jury. The Court may render judgment that the person remains incapacitated, has regained partial capacity, or has been fully restored to capacity. If the judge finds that a change has occurred, the Court has wide discretion in tailoring the future guardianship arrangement or eliminating it altogether.
All people who may have an interest in the guardianship must be notified of the application, including the current guardian, family members, and other relevant parties. The court may also appoint a guardian ad litem, whose role is to evaluate the situation independently and provide a written report, recommending what they feel is in the individual’s best interests.
Although the burden of proof rests with the applicant to show that the guardianship should be changed or terminated, New Jersey law does not clearly define the evidentiary standard for this type of action. Courts aim to evaluate each case through a lens of dignity, autonomy, and the individual’s best interests. By providing a formal pathway for restoring rights, New Jersey Courts affirm that capacity is not fixed and empower individuals to regain decision-making authority if their abilities improve.