Where application is made to the court for proceedings to affect the property and affairs of an alleged incapacitated person, and the alleged incapacitated person has not been adjudicated as such, the alleged incapacitated person or someone acting in his behalf may apply for a trial of the issue of incapacity in accordance with N.J.S. 3B:12-24 and the Rules Governing the Courts of the State of New Jersey.
N.J.S. § 3B:12-5