Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

Friday, October 24, 2025

Wills, Estate Planning & Probate Seminar January 7, 2026, 10am, Sayreville Senior Center

Wills, Estate Planning & Probate Seminar January 7, 2026 10am

Sayreville Senior Center
423 Main Street
Sayreville NJ 08872
Open to the public.
Wills & Estate Administration-Protect Your Family and Make Planning Easy. Free program in person open to the public, you do not need to be a Township resident to attend.
Speaker: Kenneth Vercammen, Esq. Edison, NJ (Author-Wills and Estate Administration by the ABA)
Free to Register. Pre-registration is required. Call 732-390-7058 to reserve your spot!
Main Topics:
1. What’s new in 2026
2. Dangers If You Have No Will or documents invalid
3. Getting your Estate Planning Documents done when you can’t go into a law office
4. What goes into a Will
5. Power of Attorneys recommendations
6. Living Will & Advance Directive for Medical Care
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, and Trusts.
To register or information call Sayreville Senior Center 732-390-7059 Jen Krushinski
jkrushinski@sayreville.com
You don’t have to be a Sayreville resident to attend.
For materials if you can’t attend, email vercammenlaw@njlaws.com
Free Will Seminars and Speakers Bureau for Groups
SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com
10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups
Details on free programs available
These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:
1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND
MAKE PLANNING EASY
2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family
All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey
State Bar Association, and Middlesex County Bar Association. All programs include free written materials.
You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.
Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.
Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.
SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.
In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family.
About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”
He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division. He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.
He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.njlaws.com
Residents invited from Middlesex,
Piscataway,
South Plainfield,
Edison,
Metuchen,
Woodbridge,
Perth Amboy,
Carteret,
Highland Park,
New Brunswick,
North Brunswick,
Milltown,
East Brunswick,
South River,
Sayreville,
South Amboy,
Old Bridge,
Spotswood,
South Brunswick,
Plainsboro,
Cranbury,
Monroe,
Jamesburg,

Friday, October 17, 2025

East runswick Library Wills, Probate, and Estate Planning

 Wills, Probate & Estate Planning update

East Brunswick Library -Live in person & Zoom
February 25, 2025 Wednesday, at 6pm
Open to the public. You don’t have to be a town resident to attend.
Registration Required.
Registration is recommended, but walk-ins are welcome.


Register by calling 732-390-6767.

East Brunswick Public Library 732-390-6767
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
Author ABA Wills & Estate Administration
Estate administration can be very complex, and having some information before you begin can help you through the process.
Main Topics:
1. What’s new in 2026
2. Dangers If You Have No Will or documents invalid
3. Getting your Estate Planning Documents done when you can’t go into a law office
4. What goes into a Will
5. Power of Attorneys recommendations
6. Living Will & Advance Directive for Medical Care
East Brunswick Public Library 732-390-6781
Att: Melissa Hozik
East Brunswick Public Library
2 Jean Walling Civic Center East Brunswick, NJ 08816

Piscataway Library Wills, Probate, and Estate and Planning

Piscataway Library Wills, Estate Planning & Probate seminar February 10, 2026 Piscataway Public Library Kennedy Branch 500 Hoes Lane Piscataway NJ 08854 732-463-1633x6
Link for free registration: https://piscataway.librarycalendar.com/event/estateplanning SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”) Main Topics: 1. What’s new in 2026 2. Dangers If You Have No Will or documents invalid 3. Getting your Estate Planning Documents done when you can’t go into a law office 4. What goes into a Will 5. Power of Attorneys recommendations 6. Living Will & Advance Directive for Medical Care COMPLIMENTARY MATERIAL: Brochure on Wills, “Answers to Questions about Probate” and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trust. Can’t attend? We can email you materials Send email to VercammenLaw@Njlaws.com https://www.facebook.com/events/1906764833515598 Free Will Seminars and Speakers Bureau for Groups SPEAKERS BUREAU At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com 10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups Details on free programs available These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available: 1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY 2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association. All programs include free written materials. You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate. Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration” He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division. He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program. He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 www.njlaws.com

Tuesday, June 3, 2025

In Re Bennett 180 N.J. Super. 406 (1981) 434 A.2d 1155 IN THE MATTER OF ALICE BENNETT, AN ALLEGED MENTAL INCOMPETENT.

 In Re Bennett   180 N.J. Super. 406 (1981)  434 A.2d 1155  IN THE MATTER OF ALICE BENNETT, AN ALLEGED MENTAL INCOMPETENT.

Superior Court of New Jersey, Law Division Probate Part, Monmouth County.

Decided February 23, 1981.

*407 Priscilla Feagles Koch, for plaintiff (Protective Services for the Elderly, attorneys).

Lawrence M. Lawson, for movant Harold Bennett.

James J. Cleary, guardian ad litem (Yacker, Granata & Cleary, attorneys).

YACCARINO, J.S.C.

This matter came before the court on a notice of motion for an order vacating the judgment of incompetency of Alice Bennett *408 on the grounds that this court is without jurisdiction to grant such an order by reason of plaintiff's lack of standing.

The material facts may be stated as follows:

On August 29, 1980 plaintiff Protective Services for the Elderly, located at 191 Bath Avenue, Long Branch, New Jersey, filed a complaint seeking to have Alice Bennett declared incompetent as a result of unsoundness of mind. Plaintiff also sought the appointment of a guardian of her person and property.

Plaintiff alleged that it had an interest in the action by reason of its status as an agency funded from the Office on Aging through Family and Children's Services to protect the frail elderly in Monmouth County who are in need of crisis intervention. Plaintiff's involvement stemmed from a request by the Monmouth County Board of Social Services, Freehold, New Jersey, to provide protective services to Alice Bennett, who had been found wandering in the streets of Belmar, New Jersey.

Pursuant to statute and court rule, this court conducted an incompetency hearing and, upon the basis of the testimony of Dr. Carlos A. Perosio and Alice Bennett, declared her to be incompetent.

Alice Bennett is 82 years old. She has two grandsons, the movant Harold Bennett and Francis Broda, and a niece Barbara Chase.

Neither the present statute, N.J.S.A. 3A:6-35, nor the applicable court rule, R. 4:83-1 et seq., defines standing. The answer lies in history.

The authority of the early Chancellor in England to conduct proceedings of this kind did not exist by virtue of his office or as part of his general extraordinary jurisdiction. The power was derived by special authority from the sovereign in whom, as parens patriae, the care of idiots and lunatics was vested. Bispham's Principles of Equity (6 ed. 1899), 677; 4 Pomeroy's Equity Jurisprudence (5 ed. 1941), § 1311 at 883. The King delegated his authority over such persons to the Chancellor by *409 means of an official instrument called a "sign manual." Bispham, supra; Pomeroy, supra. Originally the effect of the delegation was merely to give the Chancellor the power to grant the custody of the lunatic, "but after the Court of Chancery became well established, successive holders of the great seal imported into the exercise of their special jurisdiction under the sign manual all the powers which they wielded as chiefs of the Court of Chancery" (emphasis supplied). Bispham, supra. See, also, 4 Pomeroy, supra, § 1312 at 884: "The proceedings in which this jurisdiction is exercised (in England) are substantially as follows: Some friend of the alleged lunatic addresses a petition to the Chancellor personally, or other judge in lunacy...." (Emphasis supplied.)

On November 21, 1794 the people of this State granted the administration over lunatics to the Chancellor, who was at that time also the Governor. Paterson's Laws 125. The act provided that the Chancellor should have the care of idiots and lunatics and provided for the safekeeping of them and their lands and tenements, goods and chattels, that they and their households might be supported, that no waste or destruction should come to their property, and that in case of their recovery their estates should be restored to them; otherwise at their deaths should go to their heirs or next of kin. Subsequent revisions and codifications conferred jurisdiction in the Court of Chancery.

Although no such language exists in the present statute, as early as 1820 our statutes specified that the practice in incompetency proceedings would be "as heretofore." The prior statute, R.S. 3:7-35, provided that "except as otherwise provided by law, the question whether a person is a mental incompetent shall be determined by an inquest upon a commission to be issued out of the Court of Chancery and returnable thereto, and proceedings thereon shall be as heretofore practiced in proceedings de lunatico inquirendo and in the nature of de lunatico inquirendo."

The reference to "as heretofore practiced" is doubtless that which existed in the Court of Chancery of England. Comfort's Case, 66 N.J. Eq. 6, 7 (Ch. 1904).

*410 Notwithstanding In re Tierney, 175 N.J. Super. 614 (Law Div. 1980), affirmed 177 N.J. Super. 245 (App.Div. 1981); In re Schiller, 148 N.J. Super. 168 (Ch.Div. 1977) and In re Oswald, 132 N.J. Eq. 325 (Ch. 1942), to the contrary, the practice in England did not limit standing to relatives and creditors of the alleged incompetent. This court, as a court of equal jurisdiction, is not bound by the holdings of the above noted decisions. Further, having found no appellate division decision addressing this issue, this court now holds as a matter of law that there are no special rules of standing governing incompetency proceedings. General principles of standing therefore apply.

It cannot be disputed that New Jersey courts will not entertain proceedings by plaintiffs who are "mere intermeddlers" (Baxter v. Baxter, 43 N.J. Eq. 82, 86 (Ch. 1887), aff'd 44 N.J. Eq. 298 (E. & A. 1888), or are merely interlopers or strangers to the dispute (Bergen Cty. v. Port of New York Auth., 32 N.J. 303, 307, 318 (1960)). Our courts have confined litigation to those situations where the litigants' concern with the subject matter evidenced a sufficient stake with real adverseness. Crescent Park Tenants Ass'n v. Realty Eq. Corp. of N.Y., 58 N.J. 98, 107 (1971). Due weight is given to the interests of individual justice, along with the public interest, always bearing in mind that throughout our law we have been sweepingly rejecting procedural frustrations in favor of just and expeditious determinations on the ultimate merits. Crescent Park, supra, citing Tumarkin v. Friedman, 17 N.J. Super. 20, 21 (App.Div. 1951), certif. den. 9 N.J. 287 (1952); Handelman v. Handelman, 17 N.J. 1, 10-11 (1954). Thus a plaintiff's particular interest in the litigation in certain circumstances need not be the sole determinant of standing. N.J. Chamber of Commerce v. N.J. Elec. Law Enforcem. Comm'n, 82 N.J. 57, 68 (1980). That interest may be accorded proportionately less significance when it coincides with a strong public interest. Id., citing Elizabeth Federal S. & L. Ass'n v. Howell, 24 N.J. 488, 499 (1957).

The increasing interest and awareness by the public and all levels of government in problems faced by the elderly cannot be *411 disputed. Agencies have been created and funds for assistance made available.

The Court of Chancery also has constitutional jurisdiction over the subject matter by virtue of N.J.Const. (1947) Art. VI, § III, par. 2, and the November 7, 1978 amendment thereto. The constitutional amendment adopted by general election abolishes the County Courts and provides for the transfer of their jurisdiction, powers, functions and duties, and provides in pertinent part: "Until otherwise provided by law, ... all surrogates shall become clerks of the Chancery Division (Probate Part)...." (emphasis supplied). By its very language the amendment makes clear that only an act of the Legislature can alter the status of the surrogate as a clerk of the Chancery Division.

Notwithstanding the specific language of the amendment and the failure of any legislative action, our Supreme Court created a new court by amending the court rules to refer to the Law Division, Probate Part. This rule does not and cannot diminish the jurisdiction of this court.

The plebiscite clearly mandates, and the amendment clearly envisions, the transfer of function of the Probate Court to the Chancery Court. There having always existed a Probate Part of the Chancery Division, the effect of the amendment was to centralize the functions and jurisdiction in the Chancery Division of the Superior Court.

Matters cognizable in Chancery are subject to the full panoply of equitable principles. The Legislature, which is the only body constitutionally authorized to assign probate to any court other than the Chancery Division, has not acted but has by its inaction permitted the exclusive jurisdiction of probate matters to be vested.

Since Probate is now exclusively a division of the Chancery Court, the constraints imposed by prior practice, if any, no longer apply. The doctrine of parens patriae, which vests this court with inherent powers over those incapable of protecting themselves, is now applicable in all its glory to incompetency proceedings.

*412 The movant argues that notwithstanding all of the above, this court may not act because Protective Services for the Elderly lacks standing to maintain this action. However, it is axiomatic that equity never permits a rigid principle of law to smother the factual realities to which it is sought to be applied. In equity you cannot tune out the relevant static and undertones. Equity adapts its relief to the requirements of a particular case. Grieco v. Grieco, 38 N.J. Super. 593, 598 (App.Div. 1956).

Additionally,

It is a universal rule of equity that where a person is not equal to protecting himself in a particular case, the court will protect him. As part of the inherent power of equity, a court of equity has full and complete jurisdiction over the persons of those who labor under any legal disability and also over their property. While the general control over such persons has very generally been transferred by statute to probate courts, it does not follow, unless the equity court has been definitely shorn of power, that equity jurisdiction thereover may no longer be exercised. Where legal disability of the individual is shown, the jurisdiction of the court is plenary and potent to afford whatever relief may be necessary to protect his interests and preserve his estates. The court's action in such a case is not limited by any narrow bounds, but it is empowered to stretch forth its arm in whatever direction its aid and protection may be needed. While this is indeed a special exercise of equity jurisdiction, it is beyond question that by virtue thereof the court may pass upon purely personal rights. [27 Am.Jur.2d, Equity, § 69 at 592 (1966).]

Far from divesting this court of power, the constitutional amendment places the Surrogate under the aegis of the Chancery Division and reinforces this court's inherent powers.

The people and the Legislature of this State have spoken. The court has been authorized to act. The days when a court of equity could only act on a command from a king have long since passed. There is no king to whom a person can apply for a sign manual. The Governor no longer acts as judge and Chancellor. The powers previously vested in the King and Governor have been inherited by this court. Thus, the Court of Chancery shall decide who has standing and who may institute incompetency proceedings. The court stands ready, willing and able to protect all people in accordance with the safeguards inherent in R. 4:83-1 et seq. The complaint for incompetency must be supported by affidavits of two qualified, reputable physicians, based *413 on a personal examination of the alleged incompetent not more than 20 days prior to the filing of the complaint. R. 4:83-2. Notice must be given to certain relatives and other interested persons. R. 4:83-4. If the alleged incompetent fails to appear at the hearing or appears without counsel, the court is required to adjourn the hearing and appoint counsel. R. 4:83-4. The alleged incompetent has a right to a jury trial upon demand. The determination of the issue of incompetency is made after taking testimony in open court. R. 4:83-6.

Additionally, guardians are required to post security. Thus, all of the reasons which previously existed for the requirement of standing are no longer viable, and it serves no beneficial purpose for judges in 1981 to quote principles enumerated by judges of prior centuries relevant to their circumstances but no longer applicable.

The court therefore holds that not only may the Protective Services for the Elderly petition this court, but any person may petition this court for the appointment of a guardian in the declaration of incompetency, because this court stands between the alleged incompetent and the person petitioning for the declaration, and stands ready to protect the incompetent to the end of time.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

3B :12-24.1 Determination by the court of need for guardianship services, specific services.

    3B :12-24.1 Determination by the court of need for guardianship services, specific services.

12. Determination by the court of need for guardianship services, specific services.

 
   a.   General Guardian. If the court finds that an individual is incapacitated as defined in N.J.S.3B:1-2 and is without capacity to govern himself or manage his affairs, the court may appoint a general guardian who shall exercise all rights and powers of the incapacitated person. The general guardian of the estate shall furnish a bond conditioned as required by the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court.
 
   b.   Limited Guardian. If the court finds that an individual is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself, the court may appoint a limited guardian of the person, limited guardian of the estate, or limited guardian of both the person and estate. A court, when establishing a limited guardianship shall make specific findings regarding the individual's capacity, including, but not limited to which areas, such as residential, educational, medical, legal, vocational and financial decision making, the incapacitated person retains sufficient capacity to manage. A judgment of limited guardianship may specify the limitations upon the authority of the guardian or alternatively the areas of decision making retained by the person. The limited guardian of the estate shall furnish a bond in accordance with the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court.
 
   c.   Pendente lite; Temporary Guardian. 
 
   (1)   Whenever a complaint is filed in the Superior Court to declare a person incapacitated and appoint a guardian, the complaint may also request the appointment of a temporary guardian of the person or estate, or both, pendente lite. Notice of a pendente lite temporary guardian application shall be given to the alleged incapacitated person or alleged incapacitated person's attorney or the attorney appointed by the court to represent the alleged incapacitated person.
 
   (2)    Pending a hearing for the appointment of a guardian, the court may for good cause shown and upon a finding that there is a critical need or risk of substantial harm, including, but not limited to: 
 
   (a)   the physical or mental health, safety and well-being of the person may be harmed or jeopardized;
 
   (b)   the property or business affairs of the person may be repossessed, wasted, misappropriated, dissipated, lost, damaged or diminished or not appropriately managed; 
 
   (c)   it is in the best interest of the alleged incapacitated person to have a temporary guardian appointed and such may be dealt with before the hearing to determine incapacity can be held, after any notice as the court shall direct, appoint a temporary guardian pendente lite of the person or estate, or both, of the alleged incapacitated person. 
 
   (3)   A pendente lite temporary guardian appointed pursuant to this section may be granted authority to arrange interim financial, social, medical or mental health services or temporary accommodations for the alleged incapacitated person determined to be necessary to deal with critical needs of or risk of substantial harm to the alleged incapacitated person or the alleged incapacitated person's property or assets. The pendente lite temporary guardian may be authorized to make arrangements for payment for such services from the estate of the alleged incapacitated person. 
 
   (4)   A pendente lite temporary guardian appointed hereunder shall be limited to act for the alleged incapacitated person only for those services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person.
 
   (5)   The alleged incapacitated person's attorney or attorney appointed by the court to represent the alleged incapacitated person shall be given notice of the appointment of the pendente lite temporary guardian. The pendente lite temporary guardian shall communicate all actions taken on behalf of the alleged incapacitated individual to the alleged incapacitated person's attorney or attorney appointed by the court to represent the alleged incapacitated person who shall have the right to object to such actions.
 
   (6)   A pendente lite temporary guardian appointment shall not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order.
 
   (7)   If the court enters an order appointing a pendente lite temporary guardian without notice, the alleged incapacitated person may appear and move for its dissolution or modification on two days' notice to the plaintiff and to the temporary guardian or on such shorter notice as the court prescribes.
 
   (8)   Every order appointing a pendente lite temporary guardian granted without notice expires as prescribed by the court, but within a period of not more than 45 days, unless within that time the court extends it for good cause shown for the same period.
 
   (9)   The pendente lite temporary guardian, upon application to the court, shall be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, which shall be payable by the estate of the alleged incapacitated person or minor.
 
   (10) The pendente lite temporary guardian shall furnish a bond in accordance with the provisions of N.J.S.3B:15-1 et seq., unless the guardian is relieved from doing so by the court.
 
   d.   Disclosure of information. Physicians and psychologists licensed by the State are authorized to disclose medical information, including but not limited to medical, mental health and substance use disorder information as permitted by State and federal law, regarding the alleged incapacitated person in affidavits filed pursuant to the Rules Governing the Courts of the State of New Jersey.
 
   e.   Court appearance. The alleged incapacitated person shall appear in court unless the plaintiff and the court-appointed attorney certify that the alleged incapacitated person is unable to appear because of physical or mental incapacity.
 
   f.   Communication. When a person who is allegedly in need of guardianship services appears to have a receptive or expressive communication deficit, all reasonable means of communication with the person shall be attempted for the purposes of this section, including written, spoken, sign or non-formal language, which includes translation of the person's spoken or written word when the person is unable to communicate in English, and the use of adaptive equipment.
 
   g.   Additional subject areas. At the request of the limited guardian, and if the incapacitated person is not represented, after appointment of an attorney for the incapacitated person and with notice to all interested parties, the court may determine that a person is in need of guardian services regarding additional subject areas and may enlarge the powers of the guardian to protect the person from significant harm.
 
   h.   Limitations of guardian powers. At the request of the guardian, the incapacitated person or another interested person, and if the incapacitated person is not represented, after appointment of an attorney for the incapacitated person and with notice to all interested parties, the court may limit the powers conferred upon a guardian.

   L.2005, c.304, s.12; amended 2023, c.177, s.13.

Thursday, May 8, 2025

Annual Update Wills and Estate Planning Free Workshop & Seminar in person in Edison Law Office and Facebook Live

 Annual Update Wills and Estate Planning Free Workshop & Seminar in person in Edison Law Office and Facebook Live

 

on June 25, 2025 from 12:30-1:30 pm   Live in Vercammen Law Office

Wednesday.

https://www.facebook.com/events/1766175414320971

 

         Program also can be watched on your computer or IPhone via Facebook live

 

Law Office of Kenneth Vercammen, 

2053 Woodbridge Ave, Edison, NJ 08817  

   The “In office” program is limited to 9 people.  Free sandwiches and snacks for past clients

 

      COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:15 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank.  

Main Topics:

1.   What’s new in 2025

2.   Administering the Estate/Probate /Surrogate

3.   Dangers If You Have No Will or documents invalid

4.   Getting your Estate Planning Documents done without driving to law office

5.   What goes into a Will

6.   Power of Attorneys recommendations

7.   Living Will & Advance Directive for Medical Care

8.   Avoiding unnecessary expenses and saving your family money

       Please email us if you plan on attending or if you would like us to email the materials. 

   SPEAKER: Kenneth Vercammen, Esq.                 

(Author- ABA Wills and Estate Administration)

      COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Elder Law, and Trusts.   

 

          Co-Sponsor: Middlesex County Estate Planning Council

To attend in person email VercammenLaw@Njlaws.com

Other Information call 732-572-0500

 

 

Can’t attend?  We can email you materials Send email to VercammenLaw@Njlaws.com

 

  Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

         At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates.  We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.  If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com

 

     10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups 

Details on free programs available

 

     These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available: 

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND 

MAKE PLANNING EASY 

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family 

       All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey 

State Bar Association, and Middlesex County Bar Association. All programs include free written materials. 

 

       You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. 

 

      Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion,  Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

 

       Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. 

 

SPEAKERS BUREAU 

 

At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. 

 

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. 

 

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program. 

He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.

 KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

 (Fax)    732-572-0030

www.njlaws.com

 

   Kenneth Vercammen is author of the 

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ABA’s new book “Wills and Estate Administration”

Straightforward and to-the-point, Wills and Estate Administration provides step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. Topics are defined in six parts for ease of use:

   Preparation for Wills/Estate Planning Interviews

   Interviewing Clients

   Additional Estate Planning Issues

   Estate Administration

   Guardianship of Disabled or Incompetent Parents

   Marketing Your Wills and Estate Administration Practice

     Making this an essential resource for solo and small firm practitioners, the author includes numerous forms for each topic, and they are also available for download online. The book is basic and written to help new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

 

Author: Kenneth A Vercammen Edison, NJ

Sponsor: Solo, Small Firm and General Practice Division

Publisher: ABA Book Publishing

   List Price: $79.95

ABA Price: $69.95

ISBN: 978-1-63425-380-2

Product Code: 5150484

2015, 290 pages, 7 x 10, Paperback

http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=224827061

ABA Service Hotline 800-285-2221 312-988-5000