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Bonnie C. Frost Successfully Argues Appellate Case Stemming from Divorce Proceeding

March 15, 2022

A February decision issued by the Appellate Division of the New Jersey Superior Court held that the appointment of an individual’s adult child to serve as their guardian pursuant to Rule 4:26-2(a) “does not in itself render the subsequent settlement of the case unconscionable.” Bonnie C. Frost, a Partner and member of Einhorn Barbarito’s Appellate Practice and Family Law Practice, successfully argued the case on behalf of her client.

The decision stemmed from a judgment of divorce involving a comprehensive property settlement agreement (PSA) when the defendant was declared incapacitated during the proceedings and her children were appointed as co-guardians. Two years after the divorce, the defendant was deemed competent and filed to invalidate the PSA.

Frosted commented, “This is a case where the multiple layers of protection built into the legal system for disabled adults did work to protect the disabled litigant. Here, a Guardian ad Litem was appointed who then made a motion to appoint co-Guardians of the person, and where the disabled adult had her own attorney all of whom worked together to devise a plan to provide for future care of the disabled adult.”

To read the full court ruling, click here.

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