Category

Guardianship
An illustration of NJ Supreme Court decision in which legal fees were denied for court-appointed attorney.
17
Jan

Supreme Court Ruling: Legal Fees were Properly Denied to Court-appointed Attorney and Temporary Guardian

January 17, 2025
In 2023, the New Jersey Superior, Court Appellate Division refused to order fee-shifting to Office...
Guardianship legal fees color illustration.
26
Jun

Legal Fees Denied to Court-appointed Attorney and Temporary Guardian

June 26, 2024
Appellate Division Affirms; Supreme Court of New Jersey Agrees to Hear the Case The Office...
09
Apr

Son Who Unduly Influenced Mother Could Be Appointed As Her Guardian; Evidence Did Not Support Court’s Change Of Beneficiary Designation On TOD Account; Counsel Fees Denied Because Litigation Was A “Fight Between Brothers”

April 9, 2017
In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death...
16
Jan

The “Typical” Guardianship Action and Contested Guardianships

January 16, 2017
Most guardianship actions are not contested. The “typical” guardianship action proceeds as follows. Upon receipt...
02
Jan

Initiating a Guardianship Action

January 2, 2017
A step-by-step guide to initiating a guardianship action in New Jersey follows. Documents To Be...
06
Dec

New Jersey’s New Guardianship Training and Monitoring Program 

December 6, 2016
Court-appointed legal guardians make decisions for incapacitated people, referred to as “wards” in New Jersey,...
16
Nov

Estate Planning for the Special Needs of Disabled Adults: Guardianships and Special Needs Trusts

November 16, 2016
On November 15, 2016, I presented at the Second Annual Caring for Caregivers Conference at...
01
Nov

November is Alzheimer’s Awareness Month

November 1, 2016
President Obama has proclaimed November 2016 as National Alzheimer’s Disease Awareness Month. The President has...
22
Oct

Donald D. Vanarelli, Esq. to Present at the 2016 Elder Law College

October 22, 2016
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2016 Elder Law College given by...
16
Aug

Guardianship Not Warranted Where Less Restrictive Alternatives Available To Address Needs Of Alleged Incapacitated Person

August 16, 2016
A New York surrogate turned down a guardianship petition filed by the parents of a...
01
Aug

In Contested Guardianship Action, Counsel Fees Awarded to Plaintiff and Court-Appointed Guardian; Denied to Lawyer Hired by Alleged Incapacitated Person

August 1, 2016
Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking...
06
Jul

Trial Court Did Not Abuse its Discretion in Restricting Son’s Visitation with Incapacitated, Gravely Ill Mother

July 6, 2016
In 2014, Joseph Fabics filed a verified complaint seeking guardianship of his mother. The court...
08
May

Disability Planning for New Jersey Residents (Video)

May 8, 2016
  Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout...
21
Mar

Court Orders Plaintiff to Pay All Fees in Withdrawn Contested Guardianship Case

March 21, 2016
A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
24
Aug

Court Rejects Alleged Incapacitated Person’s Preference for Guardian When Basis for Preference Was Not Provided

August 24, 2015
The Supreme Court of the State of North Dakota ruled that a lower court properly...
13
Jul

Probate Judge Properly Exercised Discretion In Denying Guardianship Objections Without A Hearing

July 13, 2015
Following a daughter’s application to be appointed as guardian for her father, her brother objected...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
07
Apr

Preferences Expressed by Incapacitated Person Entitled to Court Consideration

April 7, 2015
A New Jersey appellate court ruled that a person who is incapacitated may still be...
06
Oct

In Appointment of Guardian, Appellate Division Overrides “Kinship-Hierarchy Preference” Where Result Would Be Contrary To Best Interests Of The Ward

October 6, 2014
In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for...
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