NJSBA Family Law Section

 View Only

  • 1.  Client in coma / STBX wife looking to pull the plug

    Posted 07-13-2018 01:30 PM
    Client is in a coma. His estranged wife (separated over three years) found out and put a password block on his file, instructed the hospital not to release any information to his sister or girlfriend, and is making medical decisions. She literally tried to take the guy's wallet from his property, then asked the hospital staff to give her the cash and credit cards in it (which at least they prevented). There is ZERO doubt this woman would try to "pull the plug" and would not act in his best interests. His family is in a panic.

    I'm trying to find case law to support a letter brief supporting the concept that an estranged spouse should not be in this role and his sister should be "in charge." The filing of a complaint coupled with the parties living apart does have some legal effects - for example, it terminates the wife's interest in the elective share ( Carr v. Carr, https://scholar.google.com/scholar_case?case=13209952974105480048 ).

    If anyone is aware off the top of their head of other cases / legal support, it'd be appreciated. I'll be working on this over the weekend and hope to file an OSC Monday.

    Thanks

    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-13-2018 01:48 PM
    David:
    I don't have any caselaw handy with respect to the estrangement issue, but I believe under the circumstances you provided that your client's sister should file a guardianship complaint with Probate ASAP.  This would be in addition to what you will be filing in the Family Part.

    ------------------------------
    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
    ------------------------------

    Original Message


  • 3.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-13-2018 02:04 PM
    Thanks.

    This is before a decent judge, so I imagine she'd work with us to get done what needs to get done.

    Who does guardianship in Mercer?

    I know zero about guardianship and we all see the results of people who don't do Family Law screwing up cases, so I'd prefer to refer it and work together to get it done.


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message


  • 4.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-13-2018 05:46 PM

    David,

    Look into Rule 4:86-12.  Special Medical Guardian.  This can be used on an emergent basis to give sister medical authority and keep wife from preventing sister and girlfriend from communicating with doctors and hospital or trying to pull the plug.  In some cases the court will even accept oral testimony and an oral complaint. 

     

     

     

    Lynn B. Norcia Esq.

    Starr Gern Davison & Rubin, PC

    105 Eisenhower Pkwy.

    Roseland, NJ 07068

    Tel. 973-403-9200

    Fax. 973-226-0031

    [email protected]

     




    Original Message


  • 5.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-13-2018 07:48 PM
    Unlike full guardianships, which are filed in the Probate part, Special Medical Guardians are filed in Chancery, General Equity. 

    Sent from my iPhone



    Original Message


  • 6.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-15-2018 03:30 PM

    File for an emergency medical guardianship in Chancery and ask for sister to be appointed.

     

    Lynn Staufenberg

     




    Original Message


  • 7.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-18-2018 05:01 PM
    Thanks for the comments and suggestions on this.

    Sadly, the client passed away this morning (without it coming to a "pull the plug or not" moment). He was 52 and had four teenaged children.

    In spite of my having referred him to counsel to draw up a will and POA, he never followed through. Please, all reading this, take the time to do so. Don't make a tough time on surviving family members even tougher.

    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message


  • 8.  RE: Client in coma / STBX wife looking to pull the plug

    Posted 07-18-2018 05:02 PM

    David

     

    I am sorry for the families loss. 

     

    Yes, you are correct.  Take the time to do your estate planning documents. Otherwise, it can be a mess and a costly court proceeding.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     




    Original Message