Friday, October 3, 2014

Guardians ad Litem

Many people associate the term guardian ad litem with the care and protection of children.  Indeed, guardians ad litem are often appointed by courts in cases involving minors. Parents can petition to be appointed their child’s guardian ad litem. However, elderly individuals are often in need of someone to act and speak on their behalf if they are incapacitated in some way.  Courts usually prefer to appoint a family member—either related by blood or marriage--as the guardian for a senior but if there is no relative available without a conflict of interest in the matter, a friend or neighbor may serve in this capacity.


Frequently a guardian ad litem (GAL) is a trusted attorney experienced in dealing with elderly persons with disabilities or incapacities. An attorney specializing in elder law will be equipped to conduct an investigation to determine the needs of the ward. Such an attorney will visit the proposed ward, who must be informed of the right to contest the guardianship petition or object to the proposed guardian.

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