Category

Legal Capacity or Competancy
Men's health awareness illustration featuring father and son.
18
Jun

Celebrate Father’s Day and Men’s Health Month

June 18, 2024
As we celebrate Father’s Day and Men’s Health Month, let us take the time to...
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...
27
Feb

Summary Judgment Appropriate in Probate Lawsuit Involving Allegations of Incompetency and Undue Influence

February 27, 2017
The Appellate Division affirmed a summary judgment ruling by a trial court in a probate...
10
Oct

Court Directs Son and His Family to Vacate Mother’s Home, Allowing Home to be Sold to Pay for Mother’s Care Needs

October 10, 2016
The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the...
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...
05
Jun

The Best Way to Talk to Someone with Alzheimer’s

June 5, 2016
I just read an insightful article in the Washington Post. The article, by Susan Berger,...
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...
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
23
Sep

Order Directing Parties Rather Than Ward Pay Court-Appointed Counsel’s Fee In Guardianship Case Upheld On Appeal

September 23, 2014
This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against 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...
20
Jan

Filing A Will Contest: Time Limits

January 20, 2013
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
28
Nov

Top 11 Steps In Creating Your Elder Life Plan

November 28, 2012
As we age, the decrease in independence and concurrent increasing need for care which often...
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...
30
Jun

Court Rules New Jersey’s Budget Constraints Trump Disabled Adult’s Right To Payment Of Transport Costs

June 30, 2011
A New Jersey appeals court ruled that the state has no obligation to pay for...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
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...
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
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