Law Office of Donald D. Vanarelli Blog

For the first time in New Jersey, the appellate court has ruled that legal counsel for the ward must be appointed by a chancery court in a proceeding to confirm the appointment of a testamentary guardian under a decedent’s Last Will and Testament. Matter of C.F.C., An Incapacitated Person, Superior Court, Appellate Division, Docket No. [...]

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In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery Division, Probate Part, Bergen County order that had made the son contingently liable for the legal fees incurred by the court-appointed counsel for the incapacitated person during the guardianship proceedings. The father/ward had no liquid assets; his only asset was [...]

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(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at the New Jersey Law Center, in New Brunswick, NJ. This year, as in the past few years, I gave the case law update at the opening plenary session by summarizing the top ten (10) or so elder and disability law [...]

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New Jersey legislators are now considering passage of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”). This uniform law, promulgated by the National Conference of Commissioners on Uniform State Laws in 2007, already has been adopted in 19 states and the District of Columbia, and is pending in the legislatures of 13 other [...]

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This is the latest decision in the long-running legal drama involving Lillian Glasser which has spawned litigation in two states, Texas and New Jersey, 34 days of trial in New Jersey concerning the capacity of Mrs. Glasser, collateral litigation involving the choice of an appropriate guardian, the validity of Mrs. Glasser’s will, attorneys fees awards, [...]

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Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed ward’s granddaughter, filed a lawsuit in the Superior Court of New Jersey, Chancery Division, General Equity Part, Bergen County, based upon an alleged oral promise made by the proposed ward to his deceased daughter. For the purpose of that litigation, [...]

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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 [...]

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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 [...]

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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 person’s [...]

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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 the [...]

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