Legal Question in Wills and Trusts in New Jersey

Guardianship of mental incompetent

Person appointed legal guardian of person and property by court order in NJ in 1994. Person was then placed in a PA nursing home where he still resides. Want to have legal guardian removed. Annual accounting is to be filed along with a report of the physical and mental condition of the ward. Report of wards condition has never been filed. Have requested numerous times for an accounting to no avail. Who has jurisdiction over this? Can I go to a PA court to have a new guardian appointed or do I have to go back to NJ? This ward has been a resident of PA since 1994.


Asked on 7/17/01, 12:35 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Guardianship of mental incompetent

NJ still has jurisdiction until jurisdiction is allowed to be changed. You must go back to Court in County of original appointment and make several applications: for the accounting, for the report on the ward's current status and for the removal and replacement of the current guardian. Since the ward has been living in PA, it would appear that it might be possible to have PA take over jurisdiction, but the NJ Court must consent, as it has original jurisdiction.

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Answered on 7/19/01, 10:58 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Guardianship of mental incompetent

I am confused by the way you worded your question. If you are saying that:

1. the incapacitated person was a NJ resident but now lives in PA; and

2. the guardian is unresponsive and has failed to follow-through on his/her duties.

If so, you need to bring this to the attention of the NJ court in the county where the matter was originally filed. That court has jurisdiction over the matter even though the incapacitated person now resides in a different state.

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Answered on 7/17/01, 1:19 pm


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