Guardian Ad Litem (1)

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A Guardian ad Litem/Investigator is an impartial
professional (often an attorney) appointed by the
court to investigate and report to the court on
contested issues in domestic relations cases
involving minor children, such as custody and
visitation. 
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 The GAL investigates the matter by interviewing
the children and parents as well as third parties
involved with the family, such as teachers and
doctors. The GAL will also request that
authorizations be signed in order to review
relevant documents such as school and medical
records. 
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 After gathering all relevant information, the
GAL then prepares and files a written report of
the facts found during the investigation which
may or may not include recommendations for
resolution of the matter, such as suggestions for
counseling or visitation. While the judge is not
required to adopt the recommendations of the GAL,
the court generally places great weight upon the
report.
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 While an attorney is required to advocate for
the expressed preferences of his or her client,
the GAL/Next Friend advocates for what he or she
believes to be in the best interest of the
children. In order to do this, the GAL/Next
Friend meets with the children and family, as
well as professionals involved with the family
and also reviews school and medical records.
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The role of this GAL is confined to deciding
whether the need to access the privileged
communications in the case outweighs the
childrens right to keep communications with
their therapist confidential. This GAL will meet
with the children, speak briefly to the therapist
and prepare a short report for the Court
recommending either to exercise or waive the
privilege.
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A GAL may also be appointed in non-domestic
relations cases in the Probate and Family Court.
The Court may appoint a GAL in a case involving
guardianship or conservatorship of an
incapacitated or protected adult, in order to
investigate the conditions under which said
person is living and to report and make
recommendations to the Court.
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 Additionally, in a probate matter (such as
matters involving estates or trusts) the Court
may appoint a GAL for a minor or an incapacitated
or protected person if such person has an
interest in the proceeding. In cases involving
elders or disabled adults who have allegedly been
abused, the Court may appoint a GAL for said
person in a proceeding to determine if that
person has the capacity to consent to the
provision of protective services.
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The Guardian ad Litem will contact you or your
attorney shortly after appointment to set up a
time to meet. You may have your attorney present
at the meeting, although many attorneys feel that
the GAL meeting is more productive if they do not
attend.
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If you are looking for a Guardian ad Litem for
your case in Probate and Family Court, please
contact Levine-Piro Law at 978-637-2048
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