Is a Guardian Ad Litem Always Necessary?

No. The GAP Act requires a court to appoint a GAL for an adult only when the Court determines that it is necessary to protect the adult physically, mentally or financially. If the Court has reason to believe that the adult is being abused, neglected or exploited, and lacks the capacity to consent or understand the circumstances, the Court may determine that a GAL is necessary. A hearing is required to determine if a GAL is necessary to protect the adult or if the court determines it is in the adult’s best interest. If this protection can be accomplished without a GAL, then the Court may determine that it is not necessary to appoint at GAL.

What Does a Guardian Ad Litem Do?

GALs complete several tasks as part of their duties, including the following:

• Meeting with the adult and informing them of the petition and their rights;
• Determining how the adult feels about the petition and the proposed guardianship or conservatorship;
• Reviewing any medical and mental health records for the adult that the GAL deems necessary;
• Interviewing the proposed guardians and conservators to determine their suitability;
• Interviewing family members, friends, caregivers and other interested or relevant parties to determine the totality of the circumstances; and
• Consulting with other professionals regarding the adult’s needs, if necessary.

Once the GAL has completed the above tasks and taken any other necessary actions, the GAL submits a written report to the court detailing all findings. The report also contains the GAL’s recommendations as to the proposed guardianship or conservatorship. Often, once a Guardian or Conservator is appointed, the role of the GAL is complete and their services may be discharged. However in complex cases or in situations where family members or friends disagree, the Judge may choose to keep the GAL involved as a constant advocate for the sole interest of the adult.