We’ve recently looked at a number of questions surrounding guardianships in Kansas, Missouri, and Oklahoma. This week we will wrap up our brief series by looking at additional issues we haven’t covered. As with any questions or issues about guardianships, it’s important that you talk to us for personalized advice if you need assistance. Our information is designed to be educational and helpful, but it is never a substitute for advice from your personal attorney.
More Guardianship Questions: What Does a Guardian Ad Litem Do?
Guardian ad litems can play a key role in the guardianship process, but they cannot make decisions on behalf of an incapacitated person. A guardian ad litem (or GAL) is appointed by the courts to protect the interests of an incapacitated person for the duration of a specific lawsuit.
If a court is asked to determine whether an adult with Alzheimer’s disease requires a guardian, the court might appoint a guardian ad litem to serve as that adult’s advocate throughout the hearing. The guardian ad litem does not make decisions on behalf of the incapacitated person. He or she acts as that person’s voice during the suit before the court. Once the case is over, the guardian ad litem’s duties are finished.
More Guardianship Questions: What Should I Do If I Want To Remove a Guardian?
Just as a court must appoint a guardian, you must look to a court if you want to remove or limit the guardian’s abilities to make decisions on behalf of an incapacitated ward. If you believe a guardian is not acting properly or is failing in his or her responsibilities, you can petition the court for the guardian’s removal. A court may decide to leave the guardian in place or if it believes that removing the guardian is in the ward’s best interests, it will name a new guardian.
More Guardianship Questions: Should I Talk To a Lawyer If I Have Questions About Guardianships?
Yes. Guardianship proceedings can be complicated and involved even when they appear simple. Understanding your options, what you must do, what you must not do, and what you can do throughout the guardianship process is something you can only learn from speaking with an attorney experienced in such matters. If you have questions about guardianships or believe you need legal advice, please contact us as soon as possible so we can help you.