What is the Role and Responsibility of a Guardian Ad Litem
A guardian ad litem (GAL) in family cases is an officer of the court appointed to represent the best interests of individuals who are unable to represent themselves, such as minor children and incapacitated individuals. GAL’s responsibilities include evaluating the situation and needs of the individual, making recommendations to the court, and controlling the litigation on behalf of the individual they represent.
How is a Guardian Ad Litem Appointed?
A court may appoint a GAL if the represented party meets at least one of the following requirements:
Is under 18 years of age
Lacks capacity to make legal decisions
Lacks understanding of the proceeding
Lacks capacity to assist attorney in preparation of the case
What Are the Responsibilities of a Guardian Ad Litem for Minor Children?
In cases where the represented party is a minor child, the GAL conducts home visits to assess the child’s living environment and family dynamics, while also searching for signs of abuse or neglect to evaluate the child’s safety, stability, and welfare.
Additionally, the GAL reviews all documentation including but not limited to court records, school records, and medical reports. The GAL also interviews important figures in the child’s life to gain different perspectives of the child’s relationships. This thorough investigation enables the GAL to gain a better understanding of the child’s situation to provide the Court with well-informed recommendations that are rooted in the child’s best interest.
After the Court makes orders, the GAL may have follow-up visits to ensure the party represented is adjusting well to the court order. The GAL also ensures that each party is complying with the court orders and will continue to track the effectiveness of certain measures imposed by the court.
The GAL should NOT be a parent.
What is the Differences Between a Guardian Ad Litem and Minor’s Counsel?
It is important to note that a GAL is different from Minor’s Counsel since the scope and responsibilities for each role differ. Minor’s counsel is an attorney for minor children appointed by the presiding Court to represent the child’s best interests. In contrast, a GAL acts on behalf of a minor or incapacitated person who cannot represent themselves in legal proceedings. The GAL makes procedural and tactical decisions in litigation but cannot compromise fundamental rights without court approval. Refer to our blog “The Role and Responsibilities of Minor’s Counsel” for more information.
What Are the Responsibilities of a Guardian Ad Litem for Adults?
The role and responsibility of a guardian ad litem (GAL) for an adult with mental health issues in California is to represent and protect the interests of the individual in legal proceedings when the individual lacks the legal capacity to make decisions. The GAL acts as a representative of the court and the individual, ensuring that the individual's rights are safeguarded and that decisions made in the legal process are in
their best interest. See Cal. Probate Code §1003.
A GAL's responsibilities include controlling the litigation, making procedural decisions, compromising, or settling actions, and making stipulations or concessions, all with the approval of the court. These actions must always prioritize the interests of the individual they represent. The GAL's role is described as "more than an attorney's but less than a party's," emphasizing their duty to act in the best interest of the individual while being subject to court supervision
How Can A Guardian Ad Litem Help a Litigant with Mental Health Issues?
In cases involving mental health clients, a GAL may also enter into agreements with county patients' rights advocates to secure advocacy services for the individual. Such agreements must be made knowingly and voluntarily, either by the client or the GAL, and can be revoked at any time by the client or the GAL. See, Cal Wel & Inst Code § 5523, Cal Wel & Inst Code § 5500.
Are There Restrictions for a Guardian Ad Litem?
The GAL must disclose any potential or actual conflicts of interest to the court and all parties involved, ensuring transparency and the protection of the individual's rights
The appointment of a GAL is subject to ongoing court supervision, and the court retains the authority to rescind or modify the GAL's actions if they are found to be contrary to the individual's legitimate interests. This ensures that the GAL's actions remain aligned with their fiduciary duties and the court's oversight
Experienced lawyers at Livingstone Law are available to represent you in your family law case. We have combined experience of 40 years, great staff, and excellent litigation and settlement attorneys. Contact us to schedule a free consultation at livingstonelawsd.com.
