POA & Guardianship

Plaintiff Can Not Be Forced To Accept Settlement She Refused Absent Guardianship Action

Posted in: Blog, POA & Guardianship

Parties involved in lawsuits have a fundamental right to control the direction of that lawsuit, subject only to the strictest procedural safeguards in cases of alleged mental incapacity. The New Jersey Supreme Court recently reaffirmed its commitment to upholding this form of autonomy in a recent case, reversing both the trial and appellate courts and noting that such a right is protected by state laws and even the State Constitution.

In that case, the plaintiff, S.T., was a former chemical engineer who refused to accept a settlement...

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