August 29, 2011
Authored by: Luke Lantta
The class of people who can be appointed guardian or who are statutorily required to receive notice of a guardianship proceeding may be the only people who can later challenge the manner in which a guardian was appointed. Seems pretty intuitive. But what about a situation where two parties are divorced and one ex-spouse has a guardian appointed to go after the other ex-spouse? And the ex-spouse getting sued claims that the guardianship proceeding was a fraud just to go after him? In fact, the ex-spouse claims, his ex isn’t even incapacitated at all.
In Cacioppo v. Emolo, the New Jersey court of appeals was faced with that question: who has standing to challenge the appointment of a guardian?