In In re Nova,
2011 N.J. Super. Unpub. LEXIS 946 (Ch.Div. Apr. 12, 2011) [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law], Costa
Nova, the alleged incapacitated person, revoked a power of attorney and advanced
directive for health care. He then executed new ones appointing different
people as his attorneys-in-fact and health care proxies. The former
attorneys-in-fact brought a guardianship proceeding, and Mr. Nova moved to
In addressing the motion, the court referenced In re Jane Tierney, an Alleged Mental
Incompetent, 175 N.J. Super. 614, 421 A.2d 610 (Ch. Div 1980) [enhanced version], which held that the statutory
requirements that a complainant must state his relationship to the alleged
incapacitated person, and if not spouse or next of kin, his interest,
"reflects and substantiates the general rule that a proper complainant
must be a relative or a person with a legal or equitable interest in the
subject of the action."
The court noted that the petitioners were not relatives of
the alleged incapacitated person, nor did they have a legal or equitable
interest in his person or his estate. Thus, they lacked standing to bring the action.
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