New rule 4:86-3A. Action on Complaint Review of Complaint Prior to Docketing.

New rule 4:86-3A. Action on Complaint

  Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate shall

review the complaint to ensure that proper venue is laid and that it contains all information

required by R. 4:86-2.

ill Docketing.

ill Upon the filing of a complaint for the determination of incapacity of a person and

for the appointment of a guardian, if it appears that there is jurisdiction and that the complaint is

substantially complete in all respects, the complaint shall be docketed.

If, after docketing, there is a lack of jurisdiction, the court shall dismiss the

complaint forthwith. If a complaint is not substantially complete in all respects, the Surrogate

shall process the complaint in accordance with R. 1 :5-6.

!£1 Availability of Guardianship File. The Surrogate shall make the complete

guardianship file available to the court upon request.

Note: New rule adopted August 1, 2016 to be effective September 1, 2016.

-74-

4:86-4. Order for Hearing

w Contents of Order.

ill If the court is satisfied with the sufficiency of the complaint and supporting

affidavits and that further proceedings should be taken thereon, it shall enter an order fixing a

date for hearing,_ [and requiring]

ill The order shall require that at least 20 days' notice thereof be given to the alleged

incapacitated person, any person named as attorney-in-fact in any power of attorney executed by

the alleged incapacitated person, any person named as health care representative in any health

care directive executed by the alleged incapacitated person, and any person acting as trustee

under a trust for the benefit of the alleged incapacitated person, the alleged incapacitated

person's spouse, children 18 years of age or over, parents, the person having custody of the

alleged incapacitated person, the attorney appointed pursuant to R. 4:86-4(b), and such other

persons as the court directs. Notice shall be effected by service of a copy of the order, complaint

and supporting affidavits upon the alleged incapacitated person personally and upon each of the

other persons in such manner as the court directs.

ill The order for hearing shall expressly provide that appointed counsel for the

alleged incapacitated person is authorized to seek and obtain medical and psychiatric information

from all health care providers.

ill The court [, in the order, may, for good cause, allow shorter notice or dispense

with notice, but in such case the order shall recite the ground therefor, and proof shall be

submitted at the hearing that the ground for such dispensation continues to exist] may allow

shorter notice or waive notice upon a showing of gocid cause. In such case, the order shall recite

-75-

the basis for shortening or waiving notice, and proof shall be submitted at the hearing that such

basis continues to exist.

ill A separate notice shall[, in addition,] be personally served on the alleged

incapacitated person stating that if he or she desires to oppose the action, he or she may appear

either in person or by attorney, and may demand a .trial by jury.

(fil The order for hearing shall require that any proposed guardian complete

guardianship training as promulgated by the Administrative Director of the Courts; however,

agencies authorized to act pursuant to P.L.1985, c. 298 (C.52:270-20 et seq.), P.L.1985, c. 145

(C.30:6D-23 et seq.), P.L.1965, c. 59(C.30:4-165.l et seq.) and P.L.1970, c. 289 (C.30:4-165.7

et seq.) and public officials appointed as limited guardians of the person for medical purposes for

individuals in psychiatric facilities listed in R.S.30: 1-7 shall be exempt from this requirement.

ill If the alleged incapacitated person is not represented by counsel, the order shall

include the appointment by the court of counsel for the alleged incapacitated person.

(hl [ Appointment and] Duties of Counsel.

ill [The order shall include the appointment by the court of counsel for the alleged

incapacitated person.] Counsel shall (i) personally interview the alleged incapacitated person;

(ii) make inquiry of persons having knowledge of the alleged incapacitated person's

circumstances, his or her physical and mental state and his or her property; (iii) make reasonable

inquiry to locate any will, powers of attorney, or health care directives previously executed by

the alleged incapacitated person or to discover any interests the alleged incapacitated person may

have as beneficiary of a will or trust.

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ill At least [three] ten days prior to the hearing date, counsel shall file a report with

the court and serve a copy thereof on plaintiffs attorney and other parties who have formally

appeared in the matter. The report shall [contain] include the following:

ill the information developed by counsel's inquiry;

fill [shall make] recommendations concerning the court's determination on the issue

of incapacity;

(iii) [ may make] any recommendations concerning the suitability of less restrictive

alternatives such as a conservatorship or a delineation of those areas of decision-making that the

alleged incapacitated person may be capable of exercising;

(iv) [and] whether a case plan for the incapacitated person should thereafter be

submitted to the court;[. The report shall further state]

W whether the alleged incapacitated person has expressed dispositional preferences

and, if so, counsel shall argue for their inclusion in the judgment of the court; and[. The report

shall also make]

( vi) recommendations concerning whether good cause exists for the court to order that

any power of attorney, health care directive, or revocable trust created by the alleged

incapacitated person be revoked or the authority of the person or persons acting thereunder be

modified or restricted.

ill If the alleged incapacitated person obtains other counsel, such counsel shall notify

the court and appointed counsel at least [five] ten days prior to the hearing date.

(c) Examination. If the affidavit or certification supporting the complaint is made

pursuant to R. 4:86-2(c), the court may, on motion and upon notice to all persons entitled to

notice of the hearing under paragraph (a), order the alleged incapacitated person to submit to an

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examination. The motion shall set forth the names and addresses of the physicians who will

conduct the examination, and the order shall specify the time, place and conditions of the

examination. Upon request, the report thereof shall be furnished to either the examined party or

his or her attorney.

@ Guardian Ad Litem. . .. no change . ·

~ Compensation .... no change

Note: Source - R.R. 4:102-4(a) (b). Paragraph (b) amended July 16, 1979 to be

effective September 10, 1979; paragraph (a) amended July 21, 1980 to be effective September 8,

1980; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; caption of

former R. 4:83-4 amended, caption and text of paragraph (a) amended and in part redesignated as

paragraph (b) and former paragraph (b) redesignated as paragraph ( c) and amended, and rule

redesignated June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13,

1994 to be effective September 1, 1994; paragraph (b) amended and paragraphs (d) and (e) added

June 28, 1996 to be effective September l, 1996; paragraphs (a), (b), (c), (d), and (e) amended

July 12, 2002 to be effective September 3, 2002; paragraph (e) amended July 27, 2006 to be

effective September 1, 2006; paragraphs (a), (b),(c),(d) and (e) amended July 9, 2008 to be

effective September 1, 2008; paragraph (a) amended, subparagraphs enumerated and paragraphs

(a)(6) and (a)(7) adopted, paragraph (b) amended and subparagraphs enumerated, and paragraph

(c) amended August 1, 2016 to be effective September 1, 2016.

New rule 4:86-3A. Action on Complaint

New rule 4:86-3A. Action on Complaint

 Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate shall

review the complaint to ensure that proper venue is laid and that it contains all information

required by R. 4:86-2.

ill Docketing.

ill Upon the filing of a complaint for the determination of incapacity of a person and

for the appointment of a guardian, if it appears that there is jurisdiction and that the complaint is

substantially complete in all respects, the complaint shall be docketed.

If, after docketing, there is a lack of jurisdiction, the court shall dismiss the

complaint forthwith. If a complaint is not substantially complete in all respects, the Surrogate

shall process the complaint in accordance with R. 1 :5-6.

!£1 Availability of Guardianship File. The Surrogate shall make the complete

guardianship file available to the court upon request.

Note: New rule adopted August 1, 2016 to be effective September 1, 2016.

-74-

New rule 4:86-3. Disqualification of Affiant

New rule 4:86-3. Disqualification of Affiant

No affidavit or certification shall be submitted by a physician or psychologist who is

related, either through blood or marriage, to the alleged incapacitated person or to a proprietor,

director or chief executive officer of any institution (except state, county or federal institutions)

for the care and treatment of the ill in which the alleged incapacitated person is living, or in

which it is proposed to place him or her, or who is professionally employed by the management

thereof as a resident physician or psychologist, or who is financially interested therein.

Note: Source-R.R. 4:102-3; former R. 4:83-3 amended and rule redesignated June 29,

1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3,

2002; caption and text amended July 28, 2004 to be effective September 1, 2004; amended July

9, 2008 to be effective September 1, 2008; amended August 1, 2016 to be effective September I,

2016.

-

New rule 4:86-2. Complaint; Accompanying Documents: Alternative Affidavits or Certifications

New rule 4:86-2. Complaint; Accompanying Documents: Alternative Affidavits or Certifications

(!!l Complaint. The allegations of the complaint shall be verified as prescribed by

R. 1 :4-7 ~ [and shall have annexed thereto] The complaint shall state:

ill the name, age, domicile and address of the plaintiff, of the alleged incapacitated

person and of the alleged incapacitated person's spouse, if any;

ill the plaintiffs relationship to the alleged incapacitated person;

ill the plaintiffs interest in the action;

ill the names, addresses and ages of the alleged incapacitated person's children, if

any, and the names and addresses of the alleged incapacitated person's parents and nearest of

kin, meaning at a minimum all persons of the same degree of relationship to the alleged

incapacitated person as the plaintiff;

ill the name and address of the person or institution having the care and custody of

the alleged incapacitated person;

fil if the alleged incapacitated person has lived in an institution, the period or periods

of time the alleged incapacitated person has lived therein, the date of the commitment or

confinement, and by what authority committed or confined; and

ill the name and address of any person named as attorney-in-fact in any power of

attorney executed by the alleged incapacitated person, any person named as health care

representative in any health care directive executed by the alleged incapacitated person, and any

person acting as trustee under a trust for the benefit of the alleged incapacitated person.

~ Accompanying Documents. The complaint shall have annexed thereto:

-68-

ill An affidavit or certification stating the nature, [location] description, and fair

market value [(l)] of the following, in such form as promulgated by the Administrative Director

of the Courts:

~ all real estate in which the alleged incapacitated person has or maYhave a present

or future interest, stating the interest, describing the real estate fully [ or by metes and bounds,]

and stating the assessed valuation thereof; [ and (2) ofJ

(fil all the personal estate which he or she is, will or may in all probability become

entitled to, including stocks, bonds, mutual funds, securities and investment accounts; money on

hand, annuities, checking and savings accounts and certificates of deposit in banks and notes or

other indebtedness due the alleged incapacitated person; pensions and retirement accounts,

including annuities and profit sharing plans; miscellaneous personal property; and the nature and

total monthly [ or annual] amount of any [ compensation, pension, insurance, or] income which

may be payable to the alleged incapacitated person[. If the plaintiff cannot secure such

information, the complaint shall so state and give reasons therefor, and the affidavit submitted

shall in that case contain as much information as can be secured in the exercise of reasonable

diligence]; and

(kl the encumbrance amount of any debt including any secured associated debt

related to the real estate or personal estate of the alleged incapacitated person.

f(b)JQ) Affidavits or certifications of two physicians[,] having qualifications set forth in

NJS.A. 30:4-27.2t, or the affidavit or certification of one such physician and one licensed

practicing psychologist as defined in NJS.A. 45:14B-2, in such form as promulgated by the

Administrative Director of the Courts. Pursuant to NJS.A. 3B:12-24.l(d), the affidavits or

certifications may make disclosures about the alleged incapacitated person. If an alleged

-69-

incapacitated person has been committed to a public institution and is confined therein, one of

the affidavits or certifications shall be that of the chief executive officer, the medical director, or

the chief of service providing that person is also the physician with overall responsibility for the

professional program of care and treatment in the administrative unit of the institution.

However, where an alleged incapacitated person is domiciled within this State but resident

elsewhere, the affidavits or certifications required by this rule may be those of persons who are

residents of the state or jurisdiction of the alleged incapacitated person's residence. Each affiant

shall have made a personal examination of the alleged incapacitated person not more than 3 0

days prior to the filing of the complaint, but said time period may be relaxed by the court on an

ex parte showing of good cause. To support the complaint, each affiant shall state:

[(1 )](A) the date and place of the examination;

[(2)]l]ll whether the affiant has treated or merely examined the alleged incapacitated

individual;

[(3)],(Q whether the affiant is disqualified under R. 4:86-3;

[(4)]illl the diagnosis and prognosis and factual basis therefor;

[(S)]Cfil for purposes of ensuring that the alleged incapacitated person is the same

individual who was examined, a physical description of the person examined, including but not

limited to sex, age and weight;

[ ( 6) ]CD the affiant' s opinion of the extent to which the alleged incapacitated person is

unfit and unable to govern himself or herself and to manage his or her affairs and shall set forth

with particularity the circumstances and conducf of the alleged incapacitated person upon which

this opinion is based, including a history of the alleged incapacitated person's condition; [and]

-70-

[(7)]ilil if applicable, the extent to which the alleged incapacitated person retains

sufficient capacity to retain the right to manage specific areas, such as[,] residential, educational,

medical, legal, vocational or financial decisions; and[. The affidavit should also include]

(ID an opinion on whether the alleged incapacitated person is capable of attending or

otherwise participating in the hearing and, if not, the reasons for the individual's inability[.]; and

ill A Case Information Statement in such form as promulgated by the Administrative

Director of the Courts. Said Case Information Statement shall include the date of birth and

Social Security number of the alleged incapacitated person.

(D Alternative Affidavits or Certifications.

ill If the plaintiff cannot secure the information required in paragraph (b )(l ), the

complaint shall so state and give the reasons therefor, and the affidavit or certification submitted

shall in that case contain as much information as can be secured in the exercise of reasonable

diligence.

ill In lieu of the affidavits or certifications provided for in paragraph (b )ill, an

affidavit or certification of one affiant having the qualifications as required therein shall be

submitted, stating that he or she has endeavored to make a personal examination of the alleged

incapacitated person not more than 30 days prior to the filing of the complaint but that the

alleged incapacitated person or those in charge of him or her have refused or are unwilling to

have the affiant make such an examination. The time period herein prescribed may be relaxed by

the court on an ex parte showing of good cause.

Note: Source-R.R. 4:102-2; former R. 4:83-2 amended and rule redesignated June 29,

1990 to be effective September 4, 1990; paragraphs (b) and (c) amended July 14, 1992 to be

effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1,

1994; paragraphs (a), (b), and (c) amended July 12, 2002 to be effective September 3, 2002;

-71-

paragraphs (b) and (c) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a),

(b) and (c) amended July 9, 2008 to be effective September 1, 2008; caption amended, and

paragraphs (a), (b) and (c) amended and captions added August l, 2016 to be effective

September 1, 2016.

-

4:86-1. [Complaint] Action; Records: Guardianship Monitoring Program (;,l Every action for the determination of incapacity of a person and for the appointment of a guardian of that person or of the person's estate or both, other than an action with respect to a veteran under N.JS.A. 3B:13-l et seq., or with respect to a kinship legal guardianship under N.JS.A. 3B:12A-1 et seq., shall be brought pursuant to R. 4:86-1 through R. 4:86-8 for appointment of a general, limited or pendente lite temporary guardian. [The complaint shall state the name, age, domicile and address of the plaintiff, of the alleged incapacitated person and of the alleged incapacitated person's spouse, if any; the plaintiffs relationship to the alleged incapacitated person; the plaintiff's interest in the action; the names, addresses and ages of the alleged incapacitated person's children, if any, and the names and addresses of the alleged incapacitated person's parents and nearest of kin; the name and address of the person or institution having the care and custody of the alleged incapacitated person; and if the alleged incapacitated person has lived in an institution, the period or periods of time the alleged incapacitated person has lived therein, the date of the commitment or confinement, and by what authority committed or confined. The con:iplaint also shall state the name and address of any person named as attorney-in-fact in any power of attorney executed by the alleged incapacitated person, any person named as health care representative in any health care directive executed by the alleged incapacitated person, and any person acting as trustee under a trust for the benefit of the alleged incapacitated person.] £lu Judiciary records of all actions set forth in R. 4:86-l(a) shall be maintained by the Surrogate and shall be accessible pursuant to R. l :38-3(e). u;l Each vicinage shall operate a Guardianship Monitoring Program through the collaboration of the Superior Court, Chancery Division, Probate Part; the County Surrogates; and -66- the Administrative Office of the Courts, Civil Practice Division. ill The functions of guardianship support and monitoring shall be established by the Administrative Director of the Courts. Such functions shall include guardianship training and review of inventories and periodic reports of financial accounting filed by guardians as required by R. 4:86-6(e). ill Post-adjudicated case issues identified through monitoring may be forwarded for further action by the Superior Court, Chancery Division, Probate Part and/or the Administrative Office of the Courts. Ql Case monitoring issues referred to the attention of the Superior Court, Chancery Division, Probate Part shall be promptly reviewed and such further action taken as deemed appropriate in the discretion of the court. Quasi-judicial immunity shall be extended to Judiciary staff, County Surrogates, County Surrogate staff, and volunteers performing monitoring responsibilities in the Guardianship Monitoring Program. Note: Source-R.R. 4:102-1. Amended July 22, 1983 to be effective September 12, 1983; former R. 4:83-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; R. 4:86 caption amended, and text of R. 4:86-1 amended July 12, 2002 to be effective September 3, 2002; caption to Rule 4:86 amended, and text of Rule 4:86-1 amended July 9, 2008 to be effective September 1, 2008; caption amended, former text amended and designated as paragraph (a). and new paragraphs (b) and (c) added August 1, 2016 to be effective September 1. 2016. -

New rule 4:86-1. [Complaint] Action; Records: Guardianship Monitoring Program

(;,l Every action for the determination of incapacity of a person and for the

appointment of a guardian of that person or of the person's estate or both, other than an action

with respect to a veteran under N.JS.A. 3B:13-l et seq., or with respect to a kinship legal

guardianship under N.JS.A. 3B:12A-1 et seq., shall be brought pursuant to R. 4:86-1 through R.

4:86-8 for appointment of a general, limited or pendente lite temporary guardian. [The

complaint shall state the name, age, domicile and address of the plaintiff, of the alleged

incapacitated person and of the alleged incapacitated person's spouse, if any; the plaintiffs

relationship to the alleged incapacitated person; the plaintiff's interest in the action; the names,

addresses and ages of the alleged incapacitated person's children, if any, and the names and

addresses of the alleged incapacitated person's parents and nearest of kin; the name and address

of the person or institution having the care and custody of the alleged incapacitated person; and if

the alleged incapacitated person has lived in an institution, the period or periods of time the

alleged incapacitated person has lived therein, the date of the commitment or confinement, and

by what authority committed or confined. The con:iplaint also shall state the name and address of

any person named as attorney-in-fact in any power of attorney executed by the alleged

incapacitated person, any person named as health care representative in any health care directive

executed by the alleged incapacitated person, and any person acting as trustee under a trust for

the benefit of the alleged incapacitated person.]

£lu Judiciary records of all actions set forth in R. 4:86-l(a) shall be maintained by the

Surrogate and shall be accessible pursuant to R. l :38-3(e).

u;l Each vicinage shall operate a Guardianship Monitoring Program through the

collaboration of the Superior Court, Chancery Division, Probate Part; the County Surrogates; and

-66-

the Administrative Office of the Courts, Civil Practice Division.

ill The functions of guardianship support and monitoring shall be established by the

Administrative Director of the Courts. Such functions shall include guardianship training and

review of inventories and periodic reports of financial accounting filed by guardians as required

by R. 4:86-6(e).

ill Post-adjudicated case issues identified through monitoring may be forwarded for

further action by the Superior Court, Chancery Division, Probate Part and/or the Administrative

Office of the Courts.

Ql Case monitoring issues referred to the attention of the Superior Court, Chancery

Division, Probate Part shall be promptly reviewed and such further action taken as deemed

appropriate in the discretion of the court.

Quasi-judicial immunity shall be extended to Judiciary staff, County Surrogates,

County Surrogate staff, and volunteers performing monitoring responsibilities in the

Guardianship Monitoring Program.

Note: Source-R.R. 4:102-1. Amended July 22, 1983 to be effective September 12,

1983; former R. 4:83-1 amended and rule redesignated June 29, 1990 to be effective September

4, 1990; R. 4:86 caption amended, and text of R. 4:86-1 amended July 12, 2002 to be effective

September 3, 2002; caption to Rule 4:86 amended, and text of Rule 4:86-1 amended July 9, 2008

to be effective September 1, 2008; caption amended, former text amended and designated as

paragraph (a). and new paragraphs (b) and (c) added August 1, 2016 to be effective September 1.

2016.

-

new rule 4:72-4. Hearing; Judgment; Publication; Filing

4:72-4. Hearing; Judgment; Publication; Filing

On the date fixed for hearing the court, if satisfied from the filed papers, with or without

oral testimony, that there is no reasonable objection to the assumption of another name by

plaintiff, shall by its judgment authorize plaintiff to assume such other name from and after the

time fixed therein, which shall be not less than 30 days from the entry thereof. At the hearing,

plaintiff must present adequate proof of his or her current name. Within 20 days after entry of

judgment, a copy thereof, from which plaintiffs social security number shall be redacted, shall

be published in a newspaper of general circulation in the county of plaintiffs residence, and

within 45 days after entry of judgment, the umedacted judgment and affidavit of publication of

the judgment shall be filed with the deputy clerk of the Superior Court in the county of venue

and a certified copy of the umedacted judgment shall be filed with the appropriate office within

the Department of Treasury. If plaintiff has been convicted ofa crime or if criminal charges are

pending, the clerk shall mail a copy of the judgment to the State Bureau of Identification.

Note: Source-R.R. 4:91-4; amended July 24, 1978 to be effective September 11,

1978; amended July 11, 1979 to be effective Septewber 10, 1979; amended July 22, 1983 to be

effective September 12, 1983; amended July 14, 1992 to be effective September 1, 1992;

amended July 13, 1994 to be effective September 1, 1994; amended June 20,

4:72-3. Notice of Application

4:72-3. Notice of Application

The court by order shall fix a date for hearing not less than 30 days after the date of the

order. Notice of application shall then be published in a newspaper of general circulation in the

county of plaintiff's residence once, at least two weeks preceding the date of the hearing. Notice

of application must be served by certified and regular mail, at least 20 days prior to the hearing

to the Director of the Division of Criminal Justice to the attention of the Records and

Identification Section. The court shall also require, in the case of a minor plaintiff, that notice be

served by registered or certified mail, return receipt requested, upon a non-party parent at that

parent's last known address.

CIVIL COMMITMENT explained in IN THE MATTER OF THE CIVIL COMMITMENT OF K.A.

IN THE MATTER OF THE 

CIVIL COMMITMENT OF K.A.

________________________________

May 31, 2016

Submitted May 17, 2016 – Decided 

Before Judges Espinosa and Currier.

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. 0410-15.

Joseph E. Krakora, Public Defender, attorney for appellant K.A. (Purificacion Flores, Assistant Deputy Public Defender, on the briefs).

Frank A. Blandino, attorney for respondent State of New Jersey (J. Daniela Fama, on the brief).

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

PER CURIAM

K.A. appeals from the March 10, 2015 order continuing his involuntary civil commitment pursuant to Rule 4:74-7. Because we find the judge's decision to continue the commitment was supported by clear and convincing evidence, we affirm.

K.A. was involuntarily committed on a temporary order to the Carrier Clinic on February 20, 2015. Prior to the Carrier admission he had been diagnosed with schizophrenia and treated at another hospital's crisis unit after trying to cut his wrists. It was noted upon his arrival that K.A. was non-compliant with his medications; he was not speaking nor caring for his personal needs.

At the March 10, 2015 review hearing, Advance Practice Nurse Jen Schipper and David Buch, M.D. provided testimony. Schipper was responsible for the daily care of K.A. She testified that he remained "disorganized with poor insight into his illness." Although he had shown improvement, she advised he still required prompting to take care of his personal needs such as getting out of bed and showering. Buch, the treating psychiatrist, advised that K.A.'s medications had been changed and were still being adjusted. The medical staff had been unable to contact K.A.'s family to discuss housing and assistance for him. Both medical professionals recommended continued commitment.

The judge entered an order for continued commitment noting the previous non-compliance with medications and the lack of a placement plan. K.A. was discharged from Carrier seventeen days later on March 27, 2015.

Involuntary commitment is governed by the provisions of N.J.S.A. 30:4-27.1 to -27.23 and Rule 4:74-7. A person is "[i]n need of involuntary commitment" when "mental illness causes the person to be dangerous to self or dangerous to others or property," and the person is unwilling to be voluntarily admitted to a facility for care.  N.J.S.A. 30:4-27.2(m). In the present case, K.A. was found to be "dangerous to self," which is defined by N.J.S.A. 30:4-27.2(h) to mean:

by reason of mental illness the person has threatened or attempted suicide or serious bodily harm, or has behaved in such a manner as to indicate that the person is unable to satisfy his need for nourishment, essential medical care or shelter, so that it is probable that substantial bodily injury, serious physical debilitation or death will result within the reasonably foreseeable future.

On appeal, K.A. challenges the orders continuing his involuntary commitment, arguing that the County, which had the burden of proof, In re Commitment of J.R., 390 N.J. Super. 523, 529-30 (App. Div. 2007), failed to demonstrate, by clear and convincing evidence that he was dangerous to himself as statutorily defined, and for that reason, his involuntary commitment was unlawful. In considering K.A.'s appeal, we "give[] deference to civil commitment decisions[,] and reverse[] only when there is clear error or mistake."  In re Commitment of M.M., 384 N.J. Super. 313, 334 (App. Div. 2006). In making our decision we must consider the adequacy of the evidence supporting the determination to continue commitment to evaluate whether it is competent.  Ibid.

The judge's decision to continue the involuntary commitment was supported by expert testimony. It was undisputed that K.A. needed prompting to attend to all of his personal needs: getting out of bed, showering, changing his clothes, and taking his medications. Prior to the commitment, he was non-compliant with his medications and attempted to harm himself. At the time of the hearing, medical staff had been unable to contact family members in order to make a baseline assessment of K.A. and establish a placement plan for his discharge. The psychiatrist testified that K.A. suffered from "thought blocking"; the doctor was not yet sure if it was a positive or negative symptom of psychosis. These facts were sufficient to provide clear and convincing evidence for the judge's determination to continue the involuntary commitment.

Affirmed.

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• Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant;
income cap/Medical needy standard; look-back period; transfers of
property; personal residence; Medicaid estate recovery rules; probate;
undue influence; competency
…and more!

Nuts and Bolts of Elder Law & Estate Administration (2016) Book For Sale

Price:  $65.00
Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division
Elder law is one of the fastest growing practice areas offering both
young and established attorneys opportunities. As your current clients
continue to grow older, you need to position yourself to be able to
offer them and their families the legal services required by the elderly
in today’s society. Or, you may be looking for lucrative areas in which
to expand your current practice, including administering their estates.
This practical program is designed to provide the practical legal
tools of elder law practice & estate administration practice to
general practitioners and young lawyers, as well as to more experienced
lawyers seeking to expand into these fields. A highly authoritative and
experienced panel of elder law attorneys & estate planners will
share proven techniques and experience it would take you years to gather
on your own. You’ll also gain insight on how Federal Medicaid Laws will
impact your practice.

Pick up everything you need to know about elder law & estate administration, including:
• Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
• Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Life Insurance Trusts; sample forms
• Basic Tax Considerations - Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document ; sample forms/letters
• Estate Administration - How To Probate A Will - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency
…and more!

Program Speakers Include: Kenneth A. Vercammen, Esq., William P. Isele, Esq., Martin A. Spigner, Esq.

Why some persons create Trusts in addition to Wills

Why some persons create Trusts in addition to Wills

Probate is defined as the procedure by which an Executor proceeds to admit a Will to the jurisdiction of the Surrogate Court, which is proved to be valid or invalid. The term generally includes all matters relating to the administration of estates.

There are instances where Surrogate Court monitoring of the estate is desirable. Much has been written about the disadvantages of probate.

Following are just a few of the problems associated with probate.

Lack Of Privacy

Documents filed with the Surrogate Court are public information. They are available for inspection to anyone who asks. In large estates, which require an accounting, your probate file will contain a complete list of all assets devised by your Will including business assets. This lack of privacy may lead to problems among family members who now know the plan of distribution and may then contest any provisions with which they disagree. Disinherited relatives and creditors are notified and given time by the Court to contest the Will distribution.

Time Consuming

The probate of an estate may take several months to several years to complete. During that time family members may have to apply to the Surrogate Court for an allowance.

WHY SOME PEOPLE SPEND OVER $3,000 TO CREATE REVOCABLE LIVING TRUSTS

   Fragmentation - Real Estate

If you own real property in more than one state, probate rules must be followed in each state in which real property is located. The cost and time may be increased.

A Revocable Living Trust is a legal device that allows you to maintain complete control over your assets and AVOIDS PROBATE. Because there is no probate of a Living Trust, your private financial matters remain private; there are no probate costs, no long delays and loss of control, and no fragmentation of the estate.

You Maintain Complete Control Over Your Property In Trust If Revocable

The principle behind a Revocable Living Trust is simple. When you establish a Living Trust, you transfer all your property into the Trust, and then name yourself as trustee, or you can name you and your spouse as co-trustees of the Trust.

The trustees maintain complete control over the property, the same control you had before your property was placed in trust You can buy, sell, borrow, pledge, or collateralize the trust property. You can even discontinue the Trust if you choose. That is why it is called a "Revocable" Living Trust. We will explain the "Irrevocable Trust" at the end of the article.

Transferring Property Into The Trust

The transfer of title to property into the Trust is a relatively simple matter. Anywhere you have assets, you will get help in transferring your property into the Trust. Your attorney, securities investor, etc., will provide you with assistance needed to transfer your property into your Revocable Living Trust. Your attorney will provide all the information and assistance you need to properly fund your Trust.

Complete Privacy

Probate records are public; your Revocable Trust documents are private. A Revocable Living Trust will safeguard the privacy of your family and your private financial matters.

Naming A Trustee

Most people name themselves and their spouse as the initial Trustees of their Trust. This is usually true unless one spouse is incapacitated to the point that he or she is not able to manage your assets in the same way you do now.

Gifts To Religious And Charitable Organizations

Many people wish to give a portion or sometimes all of their assets to a religious or charitable organization in order to carry on the work of those organizations that have given them comfort or peace of mind during their lifetimes. This is easily accomplished with a Revocable Living Trust.

Marital Tax Deductions

A Revocable Living Trust can easily be structured to automatically create separate Trusts upon the death of either your spouse. Here's how it works. If the wife dies first, the husband has total control of his Trust. Also, for the remainder of his life, he receives all income from her Trust and has the use of the assets whenever needed for living expenses. When he dies, each Trust will claim its tax exemption, and over $10 million will go tax-free under Federal Law to their children, or any other beneficiary they designate, without having to go through probate. NJ permits $675,000 without estate tax.