In re the Guardianship of Macak

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Walter J. Macak appeals from an order of the trial court granting summary judgment. The trial court dismissed a 2003 application in which Mr. Macak asked the court to set aside a 2002 *173judgment declaring him incapacitated and to restore him to legal capacity, pursuant to R. 4:86-7. We reverse and remand for a plenary hearing.

I

In 2002, Mr. Macak’s daughter filed a complaint pursuant to R. 4:86-2, seeking the appointment of a guardian for her father based on her contention that he was incapacitated. The complaint was supported by…