What is the role of the guardian ad litem in a guardianship case?
In Virginia, guardianship is a legal process by which an adult is appointed by a court to care for and make decisions on behalf of a minor or an incapacitated adult. A guardian ad litem (GAL) is a court-appointed attorney who represents and advocates for the minor or adult in need of guardianship. The GAL is an impartial party who is required to act objectively and in the best interests of the minor or incapacitated adult. During the guardianship process, the GAL is responsible for conducting an investigation into the matter and providing a written report to the court that includes their recommendation. The GAL will consider the minor or incapacitated adult’s rights, wishes, and needs, as well as the best interest of the individual. The GAL is also expected to pose any necessary questions to the court-appointed guardian, and other family members, to ensure that the guardian is suitable for the job and able to meet the needs of the individual. The GAL will discuss the guardianship matter with the individual and present their findings and recommendations to the court. The GAL also participates in court hearings to ensure the rights of the individual are respected. In essence, the GAL plays an important role in protecting the rights and interests of minors or incapacitated adults and ensuring that any guardianship arrangement is in their best interests. By doing so, the GAL ultimately helps to ensure that the individual is properly cared for and their rights are safeguarded.
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