While an initial Guardianship consult provides a client a substantial amount of information pertaining to the process and requirements for such a filing, it is important to recognize and explain the role of Court Appointed Counsel.\u00a0 Pursuant to Rule 4:86-4(b), the Court is obligated to appoint legal counsel to represent persons who are alleged to be mentally incapacitated.\u00a0 At a minimum, the Court Appointed Attorney, in representing his or her client, has the responsibility of meeting with the alleged incapacitates person, make inquiries of persons having knowledge of the individual\u2019s circumstances, including but not limited to family, friends and professionals, and reviewing, and if necessary obtaining, information related to the individual\u2019s financial and medical background.<\/p>\n
In many cases, upon investigation by Court Appointed Counsel, there is little question as to incapacity.\u00a0 However, in certain cases, the issue of mental incapacity is a close question of fact and the Court Appointed Attorney may (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" While an initial Guardianship consult provides a client a substantial amount of information pertaining to the process and requirements for such a filing, it is important to recognize and explain the role of Court Appointed Counsel.\u00a0 Pursuant to Rule 4:86-4(b),…<\/span><\/p>\n