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Has anyone ever used a "Guardian Ad Liten" when conflict about future plans for parent exists between the adult children? Was it helpful? Does the success of it depend on the "guardian ad liten's" personality the family is working with?



Is it different from making a parent "ward of the state" and do the adult children still retain some rights in decision making regarding the future plans of the parent or does the "Guardian Ad Liten" make all the decisions?



How does one apply for the "guardian ad liten"?



A social worker in the past advised this option for our family. Is there a possibility, we could end up with the social worker who recommended it as the "guardian ad liten"? Many of us did not like her that much.

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Geaton and RLWG have the best answers. I went through this twice for different people. The GAL is appointed by a judge. You have to go to this appointment with all requested documents. And since the GAL is a lawyer, you have to pay the customary fees just like the regular attorney that you hire.
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Reply to MACinCT
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Does anyone have POA for your mother? If so, obtaining guardianship will be difficult. You would need to provide evidence as to why your mother’s wishes should be set aside and a guardian appointed in place of the named person with POA. A GAL is appointed by the court and is not an advocate for either party. They investigate and report to the court on their findings. You would have to have file a petition for guardianship for that to happen. Depending on your state’s laws, that can be very expensive and time consuming. See an elder law attorney so you’ll have all the information you need. Social workers are not attorneys and should never advise you as such. Good luck.
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Reply to RLWG54
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"There’s a big difference between guardian ad litem and people who are seeking to become a guardian over a person’s (ward’s) estate or person.

A guardian ad litem is appointed by the Court to report to the Court their opinion what is in the ward’s best interest. They would have no access to the ward’s assets or make any decisions to the ward’s care.

Someone seeking “guardianship” is seeking either gaurdianship over the ward’s estate (assets) or person (decisions regarding care), or both because the (adult) ward is alleged to be incompetent to do so for whatever reason."

Source: https://www.quora.com/In-a-guardian-ad-litem-situation-where-the-person-is-an-adult-and-the-people-seeking-to-be-guardians-are-doing-so-to-gain-control-over-the-adults-assets-how-and-or-can-they-hide-this-from-the-person-Is-it-possible

I think the "ad Litem" attorney presents information to the judge, as in when there are fueding family members both fighting over control for an elder. This would be one reason a judge may assign a 3rd party non-family guardian.

In my personal experience, Lutheran Social Services (in MN) is who provided the legal guardian. We were not privy to whatever went on in court prior to the assignment. Every communication with the guardian was cc'd to 2 other people (for transparency) and also they sat in on any phone calls. We had a good experience and my jerk of a SFIL got the care he needed without us having to do much except bring his wife to visit him.
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