New Jersey

Adult Guardianship Statute: 
N.J. Stat. Ann. 3B:12-1 to -78; 3B: 13-1 to -36; 3B; 13A-1 to -36; 52:27G-1 to -43
Right to Counsel in Statute: Initial Guardianship Proceedings: 
Right to Counsel in Statute: Post-Appointment Guardianship Proceedings: 
Not stated
Right to Counsel Statututory Citation: 
N.J. Ct. R. 4:86-4(b); see also N.J. Stat. Ann. § 3B:12-24.1(e)
Right to Counsel Definition in Statute: 
Right to counsel for "alleged incapacitated person."
Advocacy Role of Counsel Defined in Statute: 
Advocacy Role of Counsel Definition in Statute: 

Court-appointed attorney creates a report, which includes "whether the alleged incapacitated person has expressed dispositional preferences and, if so, counsel shall argue for their inclusion in the judgment of the court."

Professional Rules &/or Ethics Opinions: 

If client is under a disability the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship. When counsel believes client at risk of harm unless action taken and cannot adequately act in client's own interest, the lawyer may take reasonably necessary protective action...seeking appointment of a GAL, conservator, or guardian. See N.J. Rules of Court, Rules of Prof. Conduct 1.14 .

Case Law Discussing Role of Counsel: 

The primary duty of counsel for alleged ward is to protect the person's rights and counsel's role is like that of an attorney representing any other client. See In the Matter of M.R., 638 A.2d 1274, 1284-85 (N.J. 1994).