What is the role of the guardian ad litem in a guardianship case?
In Kansas, the role of the guardian ad litem (GAL) in a guardianship case is to represent the interests of the person (known as the ward) who is subject to the guardianship. The GAL is appointed by the court to provide an independent assessment of the circumstances of the guardianship, and the needs and best interests of the ward. The GAL investigates the facts surrounding the guardianship and the ward’s circumstances, and may interview the ward, the proposed or existing guardian, the family, and other relevant people. In addition, the GAL may review medical and financial records. The court looks to the GAL’s recommendations regarding the guardianship, including whether it is necessary or not. The GAL may also provide recommendations on who should be appointed as guardian and on the scope of the guardian’s authority. In court, the GAL speaks on behalf of the ward and may challenge evidence presented by other parties in order to protect the ward’s interests. The GAL is an important check against any potential misuse of power that a guardian may have over the ward. In essence, the GAL serves as an advocate for the ward and ensures that the ward’s rights and interests are protected. In some cases, the court may continue to monitor the guardianship and the GAL may be called upon to testify as to the ward’s continued needs and best interests.
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