In a prior blog post, we discussed adult guardianships including the basic guardianship types and who can be a guardian in Illinois. While we previously focused on the guardian, we now want to discuss another important player in the guardianship process – the Guardian ad Litem.
A Guardian ad Litem (GAL) is an attorney, or specially trained non-attorney, a Judge appoints in a guardianship case to look out for the best interest of the alleged person with a disability. A GAL serves as the “eyes and ears” of the court and gives his or her opinion as to whether guardianship is necessary and whether the proposed guardian is appropriate. The GAL meets with the alleged disabled person (the “Respondent”), to report back to the court if they are objecting to guardianship or want to enforce their other rights, such as having an attorney appointed for them.
A GAL is not appointed in every guardianship case. Generally, the deciding factor is whether the Respondent can come to court and agrees with the guardianship, without any family conflicts or cross-petitions.
The Investigation
To make a recommendation to the court regarding the guardianship and the proposed guardian, the GAL conducts an investigation. The GAL meets with the Respondent (whether in person or virtually) to inform them of the guardianship action and his or her rights during the guardianship process. The GAL will talk to the Respondent about his or her views on the guardianship process, whether the Respondent feels guardianship is necessary, and whether the Respondent approves of the proposed guardian. It is important to remember that the GAL is an independent party, but the GAL’s job is to look out for the best interests of the Respondent.
The GAL usually also interviews the individual petitioning the court for the guardianship (the “Petitioner”), and, if appropriate, any other third parties who could help the GAL determine whether the guardianship and the proposed guardian are appropriate.
If they interview the Petitioner, The GAL may ask the Petitioner questions about their qualifications to be a guardian as well as basic history about the Respondent and why the Petitioner feels guardianship is necessary.
After the investigation is complete, the GAL provides an objective written report to the court advising the court of his or her findings, whether the GAL believes appointment of a guardian is necessary, whether the Respondent objected to a guardian being appointed for them or asked for their own attorney, and if they recommend the proposed guardian be appointed. In many cases, the role of the GAL ends after the court appoints a guardian. However, in cases that are particularly complicated, or involve disputes as to who should be the guardian, the Judge may keep the GAL on the case.
Guardianship can be a complicated process with many nuances. The attorneys at The Law Office of Kate Curler have extensive experience representing the different parties to the Guardianship case as well as acting as the GAL. If you have questions about guardianship, please contact attorney Lauren Kaplan at lkaplan@curlerlaw.com or (312) 952-1077 for a free consultation.