In order to appoint a Guardian Ad Litem in Los Angeles California, you must first know the type of Guardian Ad Litem you will need. Depending on whether you have a civil case, or a case involving a probate or trust, the forms and procedures for appointment will vary.
A court in California can appoint a Guardian Ad Litem to represent the interests of someone who lacks capacity in a case. By definition, a guardian is a protector, so the role of the Guardian Ad Litem is to protect the interests of the ward or subject person.
Most commonly use, in a civil case, a guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the person lacking legal capacity to make decisions, or person for whom a conservator has been appointed, notwithstanding that the person may have a guardian or conservator of the estate and may have appeared by the guardian or conservator of the estate.
In a probate and trust case, the court may appoint both a conservator and a guardian ad litem in California.
In Civil Cases in California, you can apply for the appointment of a GAL, and use the civil application to get the Guardian Ad Litem appointed. Here is a link to the civil form.
In a Probate or Trust case, you can ask for the appointment of a GAL, by a Petition, rather than an application to the Probate Court. The court can also appoint a GAL on its own motion if the court deems that necessary. This is the link to the Probate Guardian Ad Litem Petition form.
In most cases, you can ask that anyone be appointed as a Guardian Ad Litem, so long as he or she does not have an adverse interest to the incapacitated person. In Probate cases, the court prefers persons on its own Guardian Ad Litem list, who have training to act as guardians ad litem.
A Guardian Ad Litem generally manages one case. A Conservator can manage the case, but can also manage the other assets of the conservatee, and his health. A Guardian Ad Litem cannot make medical decision for an incapacitated person, nor can he sell the property of the incapacitated person, unless there is a court order or another instrument that authorizes him to do so. A Guardian Ad Litem is generally not bonded. A Conservator of an estate must be bonded. A Guardian Ad Litem who settles a case must so settle with a court order and confirmation hearing. There are cases where there is both a conservator and a guardian ad litem when there are potentials for conflict by the conservator.
A Guardian Ad Litem who has the power to litigate may settle the case subject to court approval. If the disabled person dies, a Guardian Ad Litem can ask the court for further authority to complete the case, to deliver the funds to the administrator or executor.
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The Guardian Ad Litem applies to the court for his or her fees and the court will order his or her fees to be paid from the assets of the disabled person.
Mina Sirkin is Guardian Ad Litem and a Board Certified Specialist Attorney in Probate, Trust Law and Estate Planning. Mina Sirkin is on the court’s GAL panel and is regularly appointed as a Guardian Ad Litem in Los Angeles. Call 818.340.4479 or Email: Info@SirkinLaw.com