A Guardian ad Litem (GAL) is a person appointed by the Court to advocate for the best interests of an incapacitated adult or minor child (the “Respondent”) involved in guardianship, conservatorship, and other legal proceeding. A guardianship is a legal proceeding brought where the Respondent is a minor and there is no one with the legal authority to care for them or, in a case where the Respondent is an adult, to determine whether the Respondent is so impaired that they lack sufficient understanding or capacity to make or communicate responsible decisions concerning their person. In the case of a minor or a substantially impaired person, the Court will appoint a guardian. A conservatorship is a legal proceeding brought to determine whether a person can effectively manage or apply their income and assets (their “estate”) appropriately. If they cannot, either because they lack the ability to do so or because they are a minor, the Court will appoint a conservator to manage their estate.
The GAL conducts an independent investigation and gathers information relevant to the individuals involved in the proceeding. The GAL advocates for the Respondent’s best interests and, depending on the abilities of the Respondent, takes into consideration his or her wishes.
Following the GAL’s investigation, the GAL files a written report with the Court. After reviewing the GAL’s findings and recommendations, the Court then decides (1) whether the Respondent does actually need a guardian and/or conservator, and (2) whether the person or entity proposed to be the guardian and/or conservator is the appropriate choice for the role.
Once a guardian and/or conservator has been appointed, the GAL monitors the Respondent’s circumstances to ensure the best interests of the Respondent are being met.