Navigating the legal system can be complex, especially for individuals who are unable to represent themselves effectively. In these situations, the court may appoint a guardian ad litem (GAL) to act as a vital advocate.
Who Needs a GAL?
GALs are appointed in Surrogate’s Court cases where a party cannot adequately represent his or her own rights (referred to as the “ward”), including minors, incapacitated adults, incarcerated individuals, and missing or unknown parties. GALs can be appointed for a person who has a physical or mental disability that prevents them from protecting their rights, but the existence of such disabilities don’t necessarily mean a GAL will be appointed. A GAL is appointed by the Surrogate on a case-by-case basis.
In the context of a kinship hearing, a guardian ad litem is appointed to represent unknown heirs. The GAL works to ensure that no heir is left out of the family tree.
The Role of the GAL
Unlike a legal representative who might advocate for a specific outcome, a GAL's primary duty is to ensure the court has a clear understanding of the ward's best interests. They achieve this by:
Investigating the Case
The GAL gathers information and evidence relevant to the ward's situation.
Reporting to the Court
The GAL keeps the court informed about the ward's circumstances and wishes (to the extent possible).
Making Recommendations
The GAL may provide the court with recommendations on what they believe serves the ward's best interests.
Who is the GAL?
A GAL is usually an attorney chosen from a list of individuals registered to serve in that capacity. Once appointed, the GAL is an officer of the court. The GAL’s duty is to the court as opposed to the ward.
Working with a GAL
While a GAL plays a crucial role in protecting the ward's rights, it's important to understand that they don't manage the ward's personal affairs. In some cases, a separate legal representative may still be advisable to address the ward's specific legal needs.
Even if a GAL is appointed on behalf of a ward, the ward is still entitled to appear in court on their own and hire their own attorney.
