Rancho Cucamonga, CA asked in Estate Planning, Elder Law and Probate for California

Q: what is and what does a attorney appointed as guardian Ad Litem for adult do...

conservatorship,and a heir to a estate

2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: A guardian ad litem is a court-appointed representative of a person who is unable to speak for themselves in court. A guardian ad litem is a neutral person (such as an attorney or social worker) who represents children under 18 (minors) or an adult who a physician says lacks sufficient mental capacity to represent their own best interests and needs. In short, a guardian ad litem will speak for the person who is unable to speak for themselves in court. So, a guardian ad litem will get to know the minor or adult without sufficient capacity in order to learn that person's individual needs and how best to fulfill those needs.

To answer your question about what does a guardian ad litem do, a lawyer would need to know what type of case is involved because there are different duties in family court than there are in probate court. But, in any situation, the guardian ad litem basically stands in the place of the minor or adult without sufficient capacity and argues on behalf of that person, since the person cannot represent himself. I hope that helps!

Yelena Gurevich and Gerald Barry Dorfman agree with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a Guardian Ad Litem (GAL) is an attorney appointed by the court to represent the interests of a person who is unable to make their own legal decisions. This could be a minor child, an incapacitated adult, or a person with a disability. A GAL is responsible for advocating for the person's best interests and ensuring that their legal rights are protected.

In the case of a conservatorship, a GAL may be appointed to represent the proposed conservatee, who is the person for whom the conservatorship is being sought. The GAL's role is to investigate the proposed conservatorship and make a recommendation to the court regarding whether the conservatorship is necessary and in the best interests of the proposed conservatee. The GAL may also represent the conservatee's interests during the conservatorship proceedings.

In the context of an estate, a GAL may be appointed to represent the interests of an heir or beneficiary who is unable to make their own legal decisions. For example, if an heir to an estate is a minor child or an incapacitated adult, a GAL may be appointed to represent their interests during the probate proceedings.

Overall, the role of a GAL is to ensure that the legal rights and best interests of the person they represent are protected. This can include advocating for their wishes, ensuring that they are treated fairly and respectfully, and working to ensure that their legal rights are not violated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.