Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking to be appointed as her guardian. D.W. contested the guardianship action, claiming that she was not incapacitated and did not need a guardian. The court had appointed Matthew Van Natten, Esq. as D.W.’s counsel. Later, D.W. privately retained Alan John.. read more →

Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following Mr. Fishbein’s death, Mrs. Fishbein executed a pour-over will, an advance directive naming her stepdaughter Leslie as her healthcare representative, and a power of attorney naming her nephew Eugene as her agent. In 2011, Mrs. Fishbein fractured her hip and.. read more →

At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman who had been admitted to the hospital because of an infection. A few days after admission, Mrs. Fecoskay went into cardiac arrest, became comatose as a result of oxygen deprivation and was placed on a ventilator with feeding tube. The.. read more →

I.          INTRODUCTION   Guardianship actions may be contested by the alleged incapacitated person him/herself, or by third parties, such as the alleged incapacitated person’s adult children. Issues raised in a contested guardianship action generally involve whether the alleged incapacitated person is, in fact, incapacitated; and, if so, who should be appointed as the alleged incapacitated.. read more →