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MATTER OF M.R.

135 N.J. 155 (1994)

638 A.2d 1274

IN THE MATTER OF M.R., AN ALLEGED INCOMPETENT OR MENTALLY RETARDED ADULT.

The Supreme Court of New Jersey.

Decided April 7, 1994.

Attorney(s) appearing for the Case

Linda J. Robinson argued the cause for appellant, M.R. (Herbert D. Hinkle, attorney).

Janice Dailey Pasculli argued the cause for respondent R.T.

James P. Fox argued the casue for respondent M.R. (Morris, Downing & Sherred, attorneys; Paul G. Hunczak, on the brief).

Joseph B. Young, Deputy Public Advocate, argued the cause for amicus curiae Public Advocate (Zulima V. Farber, Public Advocate, attorney; Sarah Wiggins Mitchell, Director, Division of Advocacy for the Developmentally Disabled, of counsel).

Stuart H. Weiner argued the cause for amicus curiae New Jersey United Self Advocates.

The opinion of the Court was delivered by POLLOCK, J.

At issue is whether a developmentally-disabled woman who is generally incompetent bears the burden of proof that she has the specific capacity to choose with which of her divorced parents she will live. After adjudicating M.R. incompetent, the Chancery Division ruled that M.R.'s father, as the party seeking to prove M.R.'s specific capacity, bore this burden. Finding that he had failed to meet his burden, the court...

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