Family Law

  • 1.  Filing for divorce for an incompetent parent

    Posted 09-07-2016 03:01 PM

    Mom has been diagnosed with dementia and is currently married to a physically abusive husband. Daughter wants to file for divorce on behalf of mom (against step dad). Would a power of attorney suffice. Or does she need to apply for guardianship??



  • 2.  RE: Filing for divorce for an incompetent parent

    Posted 09-07-2016 03:11 PM
    If she has dementia, she may not be competent to excute any documents.  Guardianship may entail the court appointment a GAL.  
     
     
     
    DAVID MOLK, Esq.
    71 Mount Vernon Street
    Ridgefield Park, New Jersey  07660
    (201) 440-3400; Fax (201) 440-4347
     
    This e-mail and any attachments contains information which may be confidential, privileged an/or proprietary.  If you are not the addressee(s) (or authorized to receive for the intended recipient(s), you may not use, copy, or disclose to anyone the information contained in or attached to this e-mail.  If you have received this e-mail in error, please notify the sender and delete this e-mail and all attachments.
     
    On 09/07/16, Gina-Marie Izzo via New Jersey State Bar Association<>org> wrote:
     
    Mom has been diagnosed with dementia and is currently married to a physically abusive husband. Daughter wants to file for divorce on behalf of mom... -posted to the "Family Law Section" community

    Family Law

     Post New Message
    Filing for divorce for an incompetent parent
    Reply to GroupReply to Sender
    Sep 7, 2016 3:01 PM
    Gina-Marie Izzo, Esq

    Mom has been diagnosed with dementia and is currently married to a physically abusive husband. Daughter wants to file for divorce on behalf of mom (against step dad). Would a power of attorney suffice. Or does she need to apply for guardianship??

      Reply to Group Online   View Thread   Recommend   Forward  



     
    You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.



    Original Message


  • 3.  RE: Filing for divorce for an incompetent parent

    Posted 09-07-2016 03:31 PM

    This topic was covered extensively approximately 3 weeks ago on this site. A guardianship action must be filed in the Probate Part and then the guardian can file the action to N.J.S.A. 2A:34-14 which states, "A parent or guardian shall not be precluded by the provisions of this chapter from prosecuting or defending any action respecting the marriage or civil union status or relation of his minor child or ward." If forms are needed, you may contact me offline.

     

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987

     




    Original Message