NJSBA Family Law Section

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  • 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
     
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    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

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    Filing for divorce for an incompetent parent
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    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??

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  • 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.

     

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    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

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    Attorney ID #028211987

     




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