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Appointing a Guardian Ad Litem in a New Jersey Divorce with Alzheimers

Nov 28, 2016 @ 08:00 PM — by Michael Green

There are times in a New Jersey divorce where a guardian ad litem is required in order to proceed with a NJ divorce case where one party is incompetent.

For instance, a party may be in a nursing home because of Alzheimer's or dementia, and without a guardian ad litem, they cannot be competent to have a divorce put through.

But in those instances, where a guardian ad litem is appointed by the New Jersey Family Court to represent their interests in a divorce proceeding, a divorce may go through.  

There may be issues of equitable distribution of assets and those assets being used up for health care, rather than being divided equally so they are not all taken by Medicare or Medicaid due to a prolonged stay in a nursing home.  

In these instances, the law allows for a Medicare divorce or Medicaid divorce, whereby the parties assets may be divided so that the surviving spouse does not lose all of the parties' assets to charges for medical care at the end of a parties' life.  

If you need help working through these issues, call us at Green & Associates, at 732-390-0480 or 201-242-1119 for a free divorce consultation in our East Brunswick divorce or Fort Lee divorce offices.  Our NJ divorce lawyer and NJ divorce attorney will help you today!

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