New Jersey § 30:4-165

§ 30:4-165.

a. The moving papers shall include : (1) a verified complaint ; (2) an affidavit from a practicing physician or a psychologist licensed pursuant

to P.L.1966, c. 282 ( C.45:14B-1 et seq. ) who has made a personal examination of the alleged incapacitated person not more

than six months prior to the filing of the verified complaint; and (3) one of the following documents: (a) an affidavit from the chief executive officer, medical director , or other officer having administrative control over the program from which the individual

is receiving functional or other services provided by the Division of Developmental

Disabilities ; (b) an affidavit from a designee of the Division of Developmental Disabilities

having personal knowledge of the functional capacity of the individual who is the

subject of the guardianship action; (c) a second affidavit from a practicing physician

or psychologist licensed pursuant to P.L.1966, c. 282 ( C.45:14B-1 et seq. ); (d) a copy of the Individualized Education Program, including any medical or other

reports, for the individual who is subject to the guardianship action, which shall

have been prepared no more than two years prior to the filing of the verified complaint;

or (e) an affidavit from a licensed care professional having personal knowledge of

the functional capacity of the individual who is the subject of the guardianship action . The documents described in paragraphs (2) and (3) of this subsection shall set forth with particularity the facts supporting the belief that the alleged incapacitated person suffers from a significant chronic functional

impairment to such a degree that the person either lacks the cognitive capacity to

make decisions for himself or to communicate, in any way, decisions to others. b. As used in this section : “ Designee of the Division of Developmental Disabilities ” means an evaluator, care manager, case manager, or other employee or contractor

affiliated with the Division of Developmental Disabilities, whether or not such person

has administrative control over the program from which the individual is receiving

functional or other services. “ Individualized education program ” means a written plan which sets forth present levels of academic achievement and

functional performance, measurable annual goals, and short-term objectives or benchmarks,

and describes an integrated, sequential program of individually designed instructional

activities and related services necessary to achieve the stated goals and objectives. “ Licensed care professional ” means a duly certified or licensed advanced practice nurse, board certified assistant

behavior analyst, board certified behavior analyst, clinical nurse practitioner, licensed

practical nurse, family counselor, nurse, occupational therapist, physical therapist,

physician assistant, professional counselor, registered nurse, social worker, or speech

language pathologist. “ Significant chronic functional impairment ” includes, but is not limited to, a lack of comprehension of concepts related to

personal care, health care, or medical treatment.