11 Aug 2020
August 11, 2020

State Agency Filing For Guardianship Ordered To Pay Court-Appointed Counsel’s Attorneys Fees

Adult Protective Services, Attorneys Fees, Elder Law, Fiduciary, Guardian ad litem, Guardianship, Legal Rights of the Disabled, New Cases 0 Comment

Based on reports from the police department, Adult Protective Services of Sussex County (APS) opened an investigation into the well-being of then eighty-five-year-old Sally DiNoia, who was living in her home with her adult son, John. Sally’s husband Paul had passed away, and John had been Sally’s primary caregiver for several years. . APS’s investigation.. read more →

13 Apr 2020
April 13, 2020

Elder Law College Program: “Guardianship Practice: A Step-By-Step Guide” Video Series

Elder Law, Evaluations, Guardian ad litem, Guardianship, Law Firm News, Law Firm Videos, News Briefs, Social Media, Standards for a Prima Facie case of Incapacity, Standards for Decision-Making 0 Comment

This promotional video is presented as an introduction to the “Guardianship Practice: A Step-By-Step Guide” Video Series. This video series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of Elder Law College Lecture program. The Elder Law College program is sponsored annually by the New Jersey Institute for Continuing.. read more →

07 Apr 2015
April 7, 2015

Preferences Expressed by Incapacitated Person Entitled to Court Consideration

Evaluations, Guardian ad litem, Legal Capacity or Competancy, Railroad Retirement Benefits, Social Security Benefits, Summary Judgment, Supplemental Security Income (SSI) Benefits 0 Comment

A New Jersey appellate court ruled that a person who is incapacitated may still be able to express a preference as to his or her choice of a guardian or place of residence, both of which are entitled to consideration by the court. Matter of the Guardianship of Walter J. Macak, 377 N.J. Super. 167.. read more →

08 Jun 2014
June 8, 2014

The Role of the Guardian ad litem in Probate Litigation

Elder Law, Estate Litigation, Guardian ad litem, Guardianship, Probate 0 Comment

In general, an incapacitated person is to be represented in any litigation by a guardian, or “if no such guardian has been appointed or a conflict of interest exists between a guardian and ward or for other good cause, by a guardian ad litem appointed by the Court.” R. 4:26-2(a); Village Apartments v. Novack, 383.. read more →

23 Aug 2013
August 23, 2013

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

Child Support, Family Law, Governmental or Public Benefit Programs, Guardian ad litem, Guardianship, Legal Capacity or Competancy, Legal Rights of the Disabled, Medicaid, Medicaid Planning, New Cases, Special Needs Planning, Special Needs Trusts, Supplemental Security Income (SSI) Benefits, Trusts 0 Comment

In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled that an application by a divorced spouse to pay child support for a disabled child into a special needs trust should be granted where the proponent shows that it is in child’s best interest to do so.  This is a.. read more →

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