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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