On September 29th, Mandelbaum Barrett PC Elder Law Chair Richard Miller, Esq., and Associate Shawna Kirchner Brown, Esq., joined a panel of distinguished judges and legal professionals for a New Jersey Institute for Continuing Legal Education seminar at the New Jersey Law Center in New Brunswick. The program, titled “Guardians Ad Litem: How They Work and How to Get Appointed,” examined all aspects of the GAL role in New Jersey courts, including recent case law and real-world scenarios drawn from the panel’s collective experience.
The seminar was designed to give New Jersey attorneys a practical understanding of when GAL appointments arise, how the process works from a procedural standpoint, and how practitioners can effectively serve in that role to support courts and protect vulnerable individuals.
The Guardian Ad Litem Role in New Jersey Courts
A guardian ad litem is appointed by a court to investigate and represent the best interests of an individual who may not be able to fully advocate for themselves, whether due to age, diminished capacity, or disability. In New Jersey, GAL appointments arise in elder law proceedings, family law matters, and estate litigation, wherever the court determines that an independent representative is necessary to ensure that a vulnerable person’s interests are adequately considered.
The GAL’s function differs meaningfully from that of a traditional attorney. While a traditional advocate speaks to a client’s expressed wishes, a GAL advocates for what the GAL independently determines to be in the client’s best interests. That distinction requires experienced professional judgment and carries genuine responsibility.
Requesting a GAL Appointment
A party to a New Jersey proceeding may request a GAL appointment when a participant in the case may not have the capacity to protect their own interests. Courts consider such requests carefully and may appoint a GAL sua sponte when the record raises concerns about a party’s ability to advocate for themselves.
The NJICLE seminar addressed the procedural and strategic dimensions of requesting and opposing GAL appointments, including:
- The factual circumstances that most commonly lead courts to appoint a GAL
- How to draft an effective application for GAL appointment and what supporting documentation courts look for
- How to oppose a GAL appointment when the requesting party’s motivations may not align with the subject individual’s interests
- What courts expect from GAL reports, testimony, and recommendations
Building a Practice as a Court-Appointed GAL
Serving as a guardian ad litem offers practitioners an opportunity to build relationships with the judiciary and expand their practice in a meaningful way. Courts rely on trusted GALs to handle sensitive matters involving vulnerable individuals, and attorneys who serve effectively in this role often develop reputations that lead to repeat appointments.
The seminar’s panel included sitting judges who offered their perspective on what distinguishes effective GAL performance, common shortcomings in GAL reports, and how attorneys new to the role can develop the skills and credibility necessary to become reliable appointees.
Richard Miller and Shawna Kirchner Brown in Elder Law
Richard Miller chairs the Elder Law Practice Group at Mandelbaum Barrett PC, where he represents families in guardianship proceedings, Medicaid planning, estate administration, and a full range of planning matters for aging and incapacitated individuals. His long-standing involvement with NJICLE programs reflects both his depth of knowledge in this area and his commitment to the legal education of fellow practitioners.
Shawna Kirchner Brown, an Associate in the same practice group, focuses her practice on special needs planning, guardianship applications, and elder law matters across New Jersey. Her participation in programs like this NJICLE seminar is consistent with her broader commitment to advancing practitioner and community knowledge in these areas.
Elder Law Services at Mandelbaum Barrett PC
Mandelbaum Barrett PC’s Elder Law Practice Group works with individuals and families throughout New Jersey on guardianship proceedings, incapacity planning, estate planning, and Medicaid matters. When a family member’s capacity is in question or a contested proceeding is underway, having experienced legal counsel makes a meaningful difference in the process and the outcome.
To speak with a member of the Elder Law Practice Group at Mandelbaum Barrett PC, contact the firm through the contact page. Our attorneys are prepared to assist with the full range of elder law and guardianship matters throughout New Jersey.