New Jersey State Bar Association (NJSBA) members testified before the Assembly Aging and Senior Services Commission on a package of guardianship and conservatorship bills that urges stronger protections for alleged incapacitated persons and proposed conservatees. NJSBA Elder and Disability Law Section Chair Mark R. Friedman, Sharon Rivenson Mark and Shana Siegal all testified urging amendments to these bills, signaling concerns that the changes may negatively impact the retention of qualified guardians and conservators to handle such matters.

"As practitioners, we see the need to encourage ethical, knowledgeable and capable guardians and conservators," the NJSBA said in a letter to Assemblywoman Carol Murphy, who sponsored the bills. "While they are duty-bound to act in the best interests of the alleged incapacitated person or conservatee, increasing the burdens on them could chill the already dwindling pool of individuals and counsel available to protect these individuals."

Two of the bills, A-4615 and A-4618, propose to mandate a court-appointed attorney for the duration of a guardianship or conservatorship. The NJSBA has been studying issues surrounding the Madden system of random assignments and appointment of counsel. It cautioned that the proposed legislation presents a significant financial burden because it would require appointed counsel to represent a person until the termination of a guardianship or conservatorship, "an assignment that could last a day or decades." The NJSBA proposed consideration of assigning representation during a proceeding itself.