Hi David:
This is a sad case indeed. Is there enough money for the court to appoint a legal guardian for her? If so, that application should be made. If not, there is a guardianship program in Hunterdon County called Volunteer Guardianship One on One. Volunteer Guardianship finds and trains local volunteers to act as guardians for those who have no family to act on their behalf. Bob Shanahan (Annandale) is very involved with this program and his number is (908) 751-1551. He should be able to provide you with additional information.
In addition, you may want to contact your local NAMI (National Alliance on Mental Illness) office. For Mercer County, that number is 609- 799-8994. The folks in this organization are amazing resources.
If I were her guardian, I would want to see her alimony deposited into a special needs trust so that she can obtain benefits without spending her alimony down first. Just a thought for you for down the road. She will likely need that money later on.
You do not say how long her commitment will be, and if the children are emancipated. All of those issues will likely affect the outcome of any application. If you need to discuss this further, feel free to contact me off line. Good luck.
Roz
also serving Bucks, Lehigh and Northampton Counties PA
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Client's ex-wife is institutionalized in Trenton State Psychiatric Hospital following a breakdown. There was a criminal incident in 2013 in which a police officer was injured. The charges were apparently dropped as part of her psychiatric commitment. I don't have all the details, but she is reviewed regularly and they haven't determined that her release is appropriate yet.
Client needs to file a motion to be named attorney-in-fact to execute documents to refinance to former marital residence. Wife's name is still on the deed. The MSA contained a deal whereby the former husband was continuing to cover some of the expenses, wife was to continue living there until the children were emancipated, at which point it was to be sold and the proceeds divided according to a formula. Wife's breakdown has obviously changed the assumptions of the agreement; Husband moved back into the home after wife was institutionalized. Husband had an alimony obligation, but aside from putting money into her commissary account, he obviously hasn't been paying it.
I assume the court will want a guardian appointed for her to protect her interests, but there are no family or friends willing to be involved with her. Her prior attorney who handled the divorce doesn't want to be involved further, regardless of payment.
Any suggestions on how to proceed? Who to suggest as a guardian for her? Just ask the court to pick someone and pay wife's share out of her assets? Has anyone done this before?
Thanks,
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David Perry Davis, Esq.
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