Most guardianship actions are not contested. The “typical” guardianship action proceeds as follows. Upon receipt of a filed Order Fixing Guardianship Hearing, the plaintiff must: Immediately serve the initial pleadings on the court-appointed attorney by personal service, certified mail, return receipt requested, or, if acceptable to the court-appointed attorney, via facsimile, email or regular mail… read more →

A step-by-step guide to initiating a guardianship action in New Jersey follows. Documents To Be Filed: A guardianship action is initiated by submitting the following documents to the Surrogate for filing, with the required filing fee: Order Fixing Guardianship Hearing Verified Complaint Certification of Assets Certifications of Physician or Psychologist Case Information Statement Each of.. read more →

A New York surrogate turned down a guardianship petition filed by the parents of a 34-year-old woman with Down syndrome, holding that courts should always seek to impose the least-restrictive terms of oversight that meet the needs of the person alleged to be incapacitated. Matter of Michelle M., 2016 NY Slip Op 51114(U) (Surrogate’s Court,.. read more →

Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a decision, to retain the information relevant to the decision, to use the information relevant to the decision as part of the decision-making process and to communicate the decision once it is made. But since decision-making capacity involves mental abilities, how.. read more →

In a victory to the contesting parent, the dismissal of a daughter’s guardianship application without a hearing was recently affirmed by the Appellate Division in In re Keeter, No. A-0553-10T4 (May 11, 2011). Keeter centered on a daughter’s application seeking guardianship of her 89-year old mother. The application was supported by a certification of the.. read more →