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What does a Guardian ad Litem do during guardianship cases?

On Behalf of | Feb 26, 2025 | Guardianship & Conservatorship |

In the complex proceedings of guardianship cases in Georgia, a crucial figure often emerges—the Guardian ad Litem. Understanding the role and responsibilities of a Guardian ad Litem can help you better understand and navigate guardianship cases.

What is a Guardian ad Litem?

During a dispute, the court may appoint Guardian ad Litem (GAL) to represent the best interests of a minor or an incapacitated adult. For example, a GAL may become involved in a custody case if parents cannot agree. Unlike guardians or conservators, who handle daily and long-term needs, a GAL focuses on the legal issues involving the person they represent.

What does a Guardian ad Litem do?

The main job of a GAL is to make sure the court considers the best interests of the person they represent. This is different from the interests of parents, relatives or the state. Here are some key tasks a GAL performs:

  • Investigation: The GAL talks to the person, their family, social workers, teachers and doctors to gather information. They also look at important documents like medical records, school reports and social services records.
  • Report preparation: Based on the investigation, the GAL reports their findings and recommendations to the court. This report helps the judge make informed decisions.
  • Appearing in court: During court proceedings, the GAL acts as an advocate for the best interest of the person they represent, presenting the report and making recommendations to the court.
  • Monitoring: In some cases, the GAL may continue to monitor the situation after the court’s decision. This is to make sure that the orders are being followed and that everything is going well for the person they represent.

A GAL’s independent research and dedication to the person’s needs help the judge consider what is truly best for them. This can greatly influence the outcome of the case.

For families and individuals entering into guardianship cases, consulting with legal professionals who can offer guidance on the process and the role of a Guardian ad Litem. This can help them take a more informed and prepared approach.