Legal Question in Criminal Law in New Jersey

my girlfriend financially exploited my father by taking money from his bank account under false pretenses my father has dementia is there anyway I can bring charges against her criminal and civil


Asked on 3/02/15, 6:02 pm

1 Answer from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

contact police and they will determine if criminal charge should be filed for 2C:20-3 Theft: Unlawful Taking

A. Movable Property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over movable property of another with the purpose to deprive him thereof.

B. Immovable Property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

http://www.njlaws.com/unlawfultaking2c20-3.html

for civil complaint, you will need to have already obtained a power of attorney, or bring a complaint for guardianship. see New Law in Amends the States Guardianship Law

This new law revises numerous sections of chapter 12 of Title 3B of the New Jersey Statutes concerning guardianship. This new law clarifies the court's authority with regard to addressing the immediate needs of an incapacitated person. The new law establishes procedures for the appointment of a general guardian, a limited guardian of the person, estate or of both, a special guardian or a temporary "pendente lite" guardian who would act on behalf of the incapacitated person with regard to his medical, financial, educational, legal or vocational needs. It sets forth the powers and duties of the guardian, when a bond must be furnished by a guardian and when reasonable compensation for services would be granted. The new law expands the current reporting procedures for guardians. In addition, the new law revises various sections throughout chapter 12 of Title 3B by deleting all references to "mental incompetent" and replacing them with "incapacitated or alleged incapacitated" to provide uniformity and consistency in these sections.

This new law, effective in 2006, clarifies the court's authority with regard to addressing the immediate needs of an incapacitated person. The new law establishes procedures for the appointment of a general guardian, a limited guardian of the person, estate or of both, a special guardian or a temporary "pendente lite" guardian who would act on behalf of the incapacitated person with regard to his medical, financial, educational, legal or vocational needs. It sets forth the powers and duties of the guardian, when a bond must be furnished by a guardian and when reasonable compensation for services would be granted. The new law expands the current reporting procedures for guardians. In addition, the new law revises various sections throughout chapter 12 of Title 3B by deleting all references to "mental incompetent" and replacing them with "incapacitated or alleged incapacitated" to provide uniformity and consistency in these sections.

The pertinent provisions in the new law are as follows: Section 4: N.J.S.A. 3B:12-4. (Appointment of special guardian) Current law authorizes the court to appoint a special guardian to assist the court in providing for any protective arrangements. This provision remains unchanged by the new law. The new law provides that if a special guardian is appointed, the guardian is entitled to reasonable fees for services as well as reimbursement for reasonable expenses. ww.njlaws.com/amends_to_state_guardianship.htm

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Answered on 3/15/15, 6:11 pm


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