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 →
A Superior Court judge ruled that an agent appointed under a power of attorney who is unrelated to the principal by marriage or blood lacks standing to file a lawsuit seeking guardianship of the principal in New Jersey. In the Matter of Costa Nova, An Alleged Incapacitated Person, Docket No ESX – CP – 0196-10.. 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 →
I’m pleased to report that 2010 yielded a rich harvest of guardianship decisions from cases filed throughout New Jersey. I’ve also identified some great cases from 2009 that deserve placement on any “Top Ten” list. They are all well-reasoned opinions from a variety of trial and appellate court judges in our state. I had.. read more →
For more than two years, I have been representing an elderly man in a contested guardianship action. My client’s son claimed that my client was incapacitated, and instituted a guardianship action in the Superior Court of New Jersey, Union County in November of 2007. I opposed that guardianship action on behalf of my client, maintaining.. read more →
In the recent case of In the Matter of J.M. for the Appointment of a Special Medical Guardian, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. P – 036 – 10 (Hon. Ellen L. Koblitz, P.J.Ch., July 2, 2010), a Chancery Judge discussed the difference between an attorney appointed by the court.. read more →
In the Matter of the Estate of Ann F. McNierney, Docket No. BER-P-89-10, Ch. Div. Bergen Cty. (Doyne, A.J.S.C.), Judge Peter E. Doyne, A.J.S.C., a trial judge in Bergen County, issued a 39 page unpublished opinion in which he discussed the scope of authority of plenary guardians to control the visitation rights of their ward… read more →
In what may be considered a victory of judicial deference over equity, this week our Appellate Division affirmed Medicaid’s denial of eligibility to an incapacitated applicant, based on the applicant’s ownership of assets that she was not aware she owned. In W.B. v. Division of Medical Assistance and Health Services (“DMAHS”), No. A-5658-07T1 (N.J. App… read more →
Plaintiff Barry Sable was named by his father Harry Sable as agent under his father’s power of attorney. Several years later, Barry’s brother Michael Sabel filed a lawsuit seeking guardianship of his father and Barry’s removal as Harry’s power of attorney. After a number of hearings, the Court declared Harry to be incapacitated, appointed a.. read more →
Like it has in each of the past six years, the New Jersey Law Journal again published its annual Legal Almanac this year. The Legal Almanac attempts to sum up the condition of the state’s legal profession each year. This year, the Law Journal described the state of New Jersey’s legal profession in four words:.. read more →
This past weekend, November 7 – 8, 2009, the National Academy of Elder Law Attorneys (NAELA) held a conference for members in Jersey City, New Jersey entitled “The Public Benefits and Guardianship Institute.” This was the first time that NAELA held one of its events in New Jersey. The conference consisted of a variety of.. read more →
In a recent decision in a contested guardianship case, entitled In the Matter of Sutton-Logan, Docket No. A-5220-07T3 (App. Div., August 31, 2009), Ben Logan and Floretta Sutton-Logan were married in 1996; this was the second marriage for each of them. Both Ben and Floretta had adult children born during their prior marriages. In January.. read more →
Aging Well is a magazine for professionals involved with the aging and elderly population. Aging Well magazine also maintains a website, here. In the July/August 2009 edition, Aging Well magazine published an article which I wrote entitled “Assessing the Need for Guardianship”. The article attempts to explain the concept of competency or capacity, and the.. read more →
A New York trial court allows a guardian to conduct Medicaid planning on behalf of his ward, his great aunt, but requires that gifted money be put into a trust for the aunt’s personal needs. in-matter-of-ml (N.Y. Sup. Ct., No. 924XX/08, June 2, 2009). Matthew S. was appointed guardian of his great aunt, M.L., who.. read more →
Professionals whose practices are devoted to our aging population are often confronted with older adults who appear to be struggling to manage their financial or medical affairs. Questions may arise as to an individual’s competency, based upon advanced age, physical infirmities and/or cognitive deficits. Understanding the issue of capacity, and the options available to these.. read more →
(I am happy to welcome my friend and colleague Eileen A. Kohutis, Ph. D. to Vanarelli & Li, LLC Blog as a guest blogger. Eileen is a psychologist in private practice in Livingston and Liberty Corner, New Jersey. Eileen and I met last year when we were both helping to form the Central Jersey Collaborative.. read more →
The Uniform Adult Guardianship and Protective Proceeding Jurisdiction Act (UAGPPJA) has been endorsed by the New Jersey State Bar Association, and is scheduled for introduction in the state legislature for consideration and possible adoption. The Act addresses the issue of jurisdiction over adult guardianships, conservatorships, and other protective proceedings, providing a mechanism for resolving multi-state.. read more →
In my years of practicing elder law and guardianship litigation, I’ve become accustomed to meeting with elderly clients and their families who are shocked when I inform them that Medicare, the medical insurance which covers the medical bills of most elderly clients, does not pay for long-term care costs, either at home or in a.. read more →
There were 6 significant cases decided in New Jersey in 2008 in the area of elder law, the majority of which came out of the administrative arena. That is, 5 of the following 6 cases were issued by the Office of Administrative Law. All of the cases involved elderly clients who engaged in Medicaid estate.. read more →
In probate or guardianship litigation, claims are often made that an elderly parent or family member is incapacitated (or incompetent) and that he or she is susceptible to or the victim of undue influence. Recently, I have been involved in litigation in which the sole claim asserted is that the elderly family member is susceptible.. read more →
In a new published opinion, Burke et al. v. Sea Point Realtors et al., DOCKET NO. A-5652-06T1, App. Div. (May 30, 2008), the Appellate Division of the state’s Superior Court held that a guardian in New Jersey has an affirmative duty to disclose a conflict of interest involving the sale of the ward’s real property.. read more →
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