In a probate proceeding, the court often appoints a guardian ad litem. The appointment of a guardian ad litem, commonly referred to as a GAL, should not be confused with the appointment of a guardian. Let’s face it. It can be awfully confusing to people that are inexperienced with probate and trust proceedings.
A guardian is a person appointed by a probate court and given the power and responsibility to make certain decisions about the care of a protected person. In contrast, a guardian ad litem, is appointed to act in a lawsuit or proceeding on behalf of a child or a person incapable of representing themselves. The words ad litem (Latin: “for the suit”) refer to the appointment of someone to act in lawsuit on behalf of another.
Responsibilities
The guardian ad litem, who is usually an attorney, is responsible for visiting the protected person, explaining the process, the protected person’s rights, and determining the wishes of the protected person. The guardian ad litem files a report to the court regarding their visit and the protected person’s wishes.
Confusion with the term Guardian
What is often confusing to many clients, is that when a petition is filed to request the appointment of a guardian, the court will appoint a guardian ad litem to investigate and report to the court the appropriateness of the appointment. For many, the similarities in names, guardian and guardian ad litem, is confusing.
Requirements
For a guardianship or conservatorship petition, the GAL plays an important role in the process. The GAL will:
(a) Personally visiting the individual.
(b) Explaining to the individual the nature, purpose, and legal effects of a guardian’s appointment.
(c) Explaining to the individual the hearing procedure and the individual’s rights in the hearing procedure, including the right to contest the petition, to request limits on the guardian’s powers, to object to a particular person being appointed guardian, to be present at the hearing, to be represented by legal counsel, and to have legal counsel appointed for the individual if he or she is unable to afford legal counsel.
(d) Informing the individual of the name of each person known to be seeking appointment as guardian.
Communication with a GAL
It is important to understand how to appropriately communicate with a GAL. The Probate Pro recommends that the petitioner’s attorney should contact the GAL immediately after their appointment to clearly express the issues in the case. The GAL’s report and investigation can carry tremendous weight on the ultimate ruling of the court. Therefore, providing appropriate information to the GAL can mean the difference between the granting and denial of a petition.
If you need any legal advice regarding communicating with a GAL, calll The Probate Pro at (248) 399-3300 or toll free at (877) YOUR-FIRM.