RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1102-18T1 IN THE MATTER OF B.M., An Incapacitated Person. _________________________ Submitted December 5, 2019 – Decided May 6, 2020 Before Judges Nugent, Suter and DeAlmeida. On appeal from the Superior Court of New Jersey, Chancery Division, Morris County, Docket No. F-5- 9849. Theodore P. Sliwinski, attorney for appellant E.M. Porro Law Group, LLC, attorneys for respondent L.M. (Janet L. Porro, on the brief). PER CURIAM Defendant E.M.1 appeals from the October 22, 2018 judgment of the Chancery Division finding he violated his fiduciary duties as guardian of his incapacitated sister, B.M., directing him to disgorge $121,000 he withdrew from 1 The parties are identified by initials to protect the confidentiality of the court's guardianship records. R. 1:38-3(e). B.M.'s accounts for his personal use, and awarding B.M. $52,438.68 in attorney's fees and costs. We affirm the October 22, 2018 judgment in all respects except the award of attorney's fees and costs, which we vacate. We remand for a new determination of B.M.'s application for attorney's fees and costs. I. The following facts are derived from the record. B.M. has been incapacitated since birth. E.M. and plaintiff L.M. are her siblings. B.M. has lived with L.M., who provides for all aspects of B.M.'s care, for approximately twenty-seven years. After her mother's death, B.M. was declared mentally incompetent, and guardians were appointed for her person and property. At that time, guardianship accounts were established for B.M.'s benefit, including a checking account, a money market savings account, and a certificate of deposit. She also possessed a life insurance policy. B.M.'s income consists solely of payments from her father's pension and periodic social security disability benefits, all of which are deposited into her checking account. Also upon her mother's death, B.M. inherited a one-half interest in the home in which she resides with L.M. A-1102-18T1 2 As of June 1, 2005, L.M. was the appointed guardian of B.M.'s person, and E.M. was the appointed guardian of B.M.'s property. The two guardians established a practice through which L.M. would pay for B.M.'s daily expenses and submit a monthly request to E.M. for reimbursement from B.M.'s accounts by check. E.M. also paid some of B.M.'s recurring bills directly from her accounts, including premiums on B.M.'s supplemental health insurance and a one-half contribution towards the local property taxes on her residence. While L.M. acknowledges she was reimbursed by E.M. for all of the expenses she paid on behalf of B.M., a number of the reimbursement checks initially were rejected for insufficient funds. In addition, L.M. was notified that E.M. had not paid some of B.M.'s medical bills, including her health insurance premiums, which caused her coverage to ...
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