NJ Supreme Court holds that Guardianship proceeding may be needed in midst of personal injury case
There are times that a personal injury action has been filed, but the plaintiff has cognitive impairments that impede his or her ability to fully participate in the litigation or understand the nature and impact of settlement discussions. In some instances, the cognitive impairment predated the filing of the lawsuit (or was allegedly caused by the negligent actions of the defendants). In other...
In NJ Guardianship, there’s a difference between the attorney and the Guardian ad Litem
When a Complaint for Guardianship is filed by anyone in New Jersey, the Court is required to appoint an attorney to represent the legal rights and preferences of the person who is alleged to be incapacitated and alleged to require a guardian. There is no legal presumption that just because the Complaint for Guardianship was filed, that the relief should be granted. Guardianship involves the...