Protective arrangements may be necessary for individuals impaired due to drug addiction
When one thinks about “guardianship,” one usually thinks about cases involving dementia or severe developmental/intellectual disabilities, or perhaps the residuals of traumatic brain injury. The definition of “incapacitated” is broader than that. In the New Jersey probate code, “incapacitated individual” is defined to include someone “who is impaired...
In Guardianship litigation, losing party may lack standing for certain appeals
When a guardianship petition is filed (N.J.Rules 4:86), seeking to have the court declare a person to be incapacitated and to appoint a Guardian to make the decisions on their behalf, there are a variety of parties who may be involved in the case. The Petitioner is the person who files the action — sometimes called the plaintiff. They are typically represented by an attorney. The Alleged...