How to Handle Issues with Guardianship Bond and Joint Control Agreements
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Summary
I live in New Jersey, and obtained a guardianship bond. They wording of the joint-controlled was flawed and the bank will not honor it because the attorney was not listed as a co-guardian. I was wondering if you sign a Bond / Indemnity Agreement and the Surety turns around and asks you to sign a Joint-Control Agreements, is this considered two separate agreements or contracts? That is, if the Joint-Control Agreement gets invalidated because of errors or omissions does the Bond / Indemnity Agreement get canceled also and the bond revoked? |
“I live in New Jersey, and obtained a guardianship bond. They wording of the joint-controlled was flawed and the bank will not honor it because the attorney was not listed as a co-guardian. I was wondering if you sign a Bond / Indemnity Agreement and the Surety turns around and asks you to sign a Joint-Control Agreements, is this considered two separate agreements or contracts? That is, if the Joint-Control Agreement gets invalidated because of errors or omissions does the Bond / Indemnity Agreement get canceled also and the bond revoked? The Joint-Control Agreement was a requirement for getting the Bond / Indemnity Agreement. but I still signed two separate agreements. If you have any case law regarding primary contracts base upon the stipulation of a second contract please let me know. I am getting several different responses and before I hire an attorney I must feel confident that he can will my case.”
In some states, legal guardians are required to be bonded to ensure their performance of their duties. Problems with the language of the guardianship documents may require quite a bit of lawyering to untangle, with significant ramifications for the validity of any acts by the guardian. Unfortunately this sounds like a mess that will require both a New Jersey family law expert and contract law expert to untangle, all of which is far beyond the scope of this website. Your best bet is to contact the New Jersey State Bar Association and get a referral to a lawyer in your county who can assist.
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.