Guardian ad Litem

At De Vries Law, P.C., we have spent years representing elders, dependent adults, and children who were taken advantage of, isolated, or harmed by the very people who were supposed to protect them. That experience has given us a deep understanding of what vulnerable people face when they cannot speak for themselves in a legal setting, and it is why we are committed to serving as Guardian ad Litem when the court calls upon us to do so. Liza de Vries serves as a Guardian ad Litem in matters that require an independent analysis of a ward's best interests in the underlying conservatorship or guardianship. 

What is a Guardian ad Litem?

A Guardian ad Litem, often referred to as a GAL, is a person appointed by the court in protective proceedings or civil litigation. The protected person may be a minor or an adult who lacks capacity or is unable to withstand undue influence or fraud. 

Unlike the attorneys representing parties in the underlying case, the GAL has one client in mind--the ward. And the GAL's duty is to conduct an independent investigation to assist the court and then report her findings to the court (and the parties) to ensure the ward's best interests and concerns are identified, regardless of what any party, including the ward, may claim.

What does a Guardian ad Litem actually do?

When appointed, a GAL takes time to thoroughly understand the situation. They review records, speak with the people involved, and look into the circumstances affecting the person they have been appointed to represent. At the end of that process, the GAL submits a written report to the court explaining what they found and, in many cases, what they believe the court should do to best protect that individual.

Who can be appointed as a Guardian ad Litem?

A GAL is typically an attorney or another trained professional with meaningful experience working with the type of person the court needs to protect, whether that is a child, an elder, or someone living with cognitive disability. The court looks for someone who has the knowledge to investigate carefully, the independence to report honestly, and the judgment to recognize what that individual truly needs as opposed to what others may claim. 

Why is this role so important?

When someone is vulnerable, the people around them may elevate their own interests over the ward's. Family disagreements, financial pressures, and competing agendas can all cloud the picture of what is actually in the best interests of the ward and only the ward. The GAL exists precisely to cut through that noise and give the court an honest, independent account.

We have seen firsthand how easily the needs of a vulnerable person can be overshadowed by the interests of those who surround them. We know what it looks like when someone is being manipulated or taken advantage of, even when it is dressed up as care or concern. That experience is what we bring to every Guardian ad Litem appointment.

How is a Guardian ad Litem's role different from court-appointed counsel or a guardian or a conservator?

Court-appointed counsel in a guardianship or conservatorship must advocate the stated interests of the ward or conservatee. Regrettably, when that protected individual lacks capacity or is unable to withstand fraud or undue influence, what he or she says may be contrary to his or her actual best interests.

Moreover, while a guardian or conservator must always act with the best interests of the ward in mind, that person is appointed to take ongoing responsibility for a person's care or finances over the course of the administration of that protective proceeding. By contrast, a Guardian ad Litem's role is often temporary and limited to a specific petition or motion. Their appointment is by design to empower that person to act neutrally between all parties to investigate, report, and advise the court as the eyes and ears of the court. The GAL is thus often privy to information and discussions that may be impossible for the court-appointed guardian or conservator to conduct in a variety of situations, especially where the matter is contested and adversarial.

The appointment of a GAL is particularly important in financial exploitation matters where a court must adjudicate matters that impact a protected ward's interests to ensure the ward has an advocate devoted to investigating and advising all as to that ward's actual best interest.