Category

Guardianship
22
Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

July 22, 2014
The Uniform Law Commission, a national law group, approved a new law on July 16,...
18
Jul

Liability of a Guardian for the Harmful Acts of a Ward

July 18, 2014
When confronting the prospect of guardianship for a loved one, a threshold issue is who...
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
19
May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

May 19, 2014
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...
11
Apr

Guardianship and Mental Illness: Retaining a Ward’s Right to Self-Determination

April 11, 2014
Even after a guardian is appointed for an incapacitated person, our courts will seek to...
16
Mar

Code of Ethics for Guardians

March 16, 2014
The court establishing a guardianship in New Jersey has an obligation to ascertain that the...
28
Aug

Trustees of Special Needs Trust Who Failed To Inquire Into Disabled Beneficiary’s Condition And Needs Breached Their Fiduciary Duty

August 28, 2013
A New York judge held that the trustees of a special needs trust have a...
23
Aug

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

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
10
May

Legal Counsel Required In Proceeding To Appoint Testamentary Guardian Under Decedent’s Will

May 10, 2013
For the first time in New Jersey, the appellate court has ruled that legal counsel...
01
Feb

Appellate Division Decides Not To Decide Whether Guardian Can Be Held Personally Liable For Fees Of Court-Appointed Counsel For The Ward

February 1, 2013
In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
04
Mar

New Jersey Should Adopt The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

March 4, 2012
New Jersey legislators are now considering passage of the Uniform Adult Guardianship and Protective Proceedings...
29
Jul

Trial Court Decisions Concerning The Choice Of An Appropriate Guardian Most Often Upheld On Appeal

July 29, 2011
This is the latest decision in the long-running legal drama involving Lillian Glasser which has...
20
Jul

Court Is Not Required To Appoint Counsel For The Proposed Ward In Every Guardianship Lawsuit

July 20, 2011
Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed...
23
May

Chancery Court Dismisses Contested Guardianship Action Without A Hearing; Appellate Division Affirms

May 23, 2011
In a victory to the contesting parent, the dismissal of a daughter’s guardianship application without...
13
Apr

Power Of Attorney, Who Is Neither The Principal’s Spouse Nor Next Of Kin, Lacks Standing To Bring A Guardianship Action

April 13, 2011
A Superior Court judge ruled that an agent appointed under a power of attorney who...
14
Feb

Contested Guardianships

February 14, 2011
I.          INTRODUCTION   Guardianship actions may be contested by the alleged incapacitated person him/herself, or...
04
Dec

Top 10 (Actually 11) New Jersey Guardianship Cases Decided In 2010 (Including Some Great Cases Decided In 2009)

December 4, 2010
  I’m pleased to report that 2010 yielded a rich harvest of guardianship decisions from...
19
Jul

New Jersey Superior Court Judge Rules In Favor Of Alleged Incapacitated Person In Contested Guardianship Lawsuit, Dismissing Complaint Filed By Adult Child

July 19, 2010
For more than two years, I have been representing an elderly man in a contested...
1 2 3

Call Us Today

To schedule a consultation with Vanarelli & Li, LLC, call 908-232-7400 or click here to contact us online. As always, we look forward to hearing from you.

Categories