Bonnie C. Frost Successfully Argues Appellate Case Stemming from Divorce Proceeding
March 15, 2022A 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.
