When an individual’s capacity to make decisions becomes a central issue in a legal proceeding, a guardian ad litem may be appointed to represent their interests. Understanding when and how that appointment works can make a meaningful difference in the outcome of elder law, family law, or estate matters in New Jersey. On September 23rd, Richard Miller, Esq., Chair of the Elder Law Practice Group, and Shawna Kirchner Brown, Esq., Counsel in the Elder Law Practice Group at Mandelbaum Barrett PC, joined an online CLE panel for the New Jersey State Bar Association to address exactly this topic.
The seminar, organized through the New Jersey Institute for Continuing Legal Education, brought together a distinguished panel of judges and attorneys to discuss the critical role of guardians ad litem in New Jersey courts. The session gave practitioners a more complete picture of how GALs function, how to work with them effectively, and how serving as a court-appointed GAL can be an avenue for expanding a legal practice.
What Is a Guardian Ad Litem?
A guardian ad litem, commonly referred to as a GAL, is an individual appointed by a court to investigate and represent the best interests of a person who may not be able to fully advocate for themselves. In New Jersey, GALs are appointed in a range of proceedings, including cases involving individuals with diminished capacity, certain elder law disputes, matrimonial matters where a child’s interests are at issue, and estate litigation.
Unlike a traditional attorney who represents a client’s expressed wishes, a GAL’s role is to represent the client’s interests as the GAL independently assesses them, which may or may not align with what the individual is asking for. That distinction has real consequences in high-stakes proceedings, and understanding how a GAL is appointed, what authority the GAL holds, and how to collaborate with one effectively is essential for practitioners in these areas.
Key Topics Covered in the NJICLE Seminar
The NJICLE panel addressed several practical questions attorneys frequently encounter when a GAL is involved in a matter. Topics covered included:
- When, why, and how to properly request a GAL appointment in a pending case
- How to work collaboratively with a GAL to achieve the best possible outcome for a client
- How serving as a court-appointed GAL can build a practitioner’s reputation and expand their practice
- Real-world scenarios drawn from the experience of sitting judges and practicing attorneys on the panel
Attorneys in elder law, family law, trusts and estates, and related areas encounter GAL appointments with some regularity. Having a clear framework for navigating those situations improves case preparation and client communication throughout the process.
Richard Miller on Elder Law in New Jersey
Richard Miller chairs Mandelbaum Barrett PC’s Elder Law Practice Group, guiding families through complex legal matters that arise when questions of health, capacity, or estate planning require immediate attention. The practice group handles guardianship proceedings, Medicaid planning, estate administration, and the full range of planning documents, including wills, trusts, powers of attorney, and healthcare directives.
His participation in programs like the NJICLE panel reflects both his standing in the New Jersey elder law community and the firm’s commitment to advancing practitioner knowledge in an area where the stakes for families are very high.
Shawna Kirchner Brown on Special Needs and Elder Law Planning
Shawna Kirchner Brown, Counsel in Mandelbaum Barrett PC’s Elder Law Practice Group, has worked with families on special needs planning, guardianship applications, and elder law matters requiring careful coordination between legal strategy and family circumstances. Her speaking engagements on topics including the ABLE Act and Special Needs Trusts reflect a sustained focus on helping families understand the planning tools available to them.
Together, she and Richard Miller bring complementary perspectives to the legal challenges families face when a loved one’s capacity or long-term care needs require proactive planning or court involvement.
Elder Law Guidance at Mandelbaum Barrett PC
Families facing questions about guardianship, incapacity planning, or estate administration in New Jersey may benefit from speaking with an experienced attorney before a crisis forces a rushed decision. The legal tools available for planning, including healthcare directives, powers of attorney, and revocable trusts, are most effective when established while an individual still has the capacity to make informed choices.
When a guardianship proceeding is already underway or a GAL has been appointed to represent a family member’s interests, having experienced legal counsel helps ensure the process protects the individual’s rights and keeps the family appropriately informed at each stage.
To speak with a member of Mandelbaum Barrett PC’s Elder Law Practice Group, reach out through the firm’s contact page. Our team is prepared to assist with estate planning, guardianship, and a full range of elder law matters throughout New Jersey.