WHAT IS A GUARDIAN AD LITEM?

A guardian ad litem (GAL) is a court-appointed representative who acts on behalf of minors, adults, or unborn individuals during legal proceedings. The term "ad litem," meaning “for the suit,” signifies that the GAL's role is tied explicitly to the litigation at hand. GALs can be appointed in various legal contexts.

In Michigan cases of adult guardianship and conservatorship, a Guardian Ad Litem (GAL) is typically required when petitions assert that the individual lacks the capacity to make or communicate informed decisions. Similarly, in conservatorship proceedings, a GAL is crucial, as these petitions often claim that the individual is unable to manage their property and business affairs effectively. GALs may also be appointed in cases involving minors or individuals with disabilities.

The responsibilities of a guardian ad litem include conducting investigations and presenting findings and recommendations to the court, either in person or through a written report. Their role encompasses advising whether to support or oppose the relief sought in the proceedings.

According to Michigan law, the main duties of a GAL include:

- Conducting in-person visits with the alleged incapacitated individual.

- Explaining the nature, purpose, and legal implications of the guardianship.

- Clarifying the legal hearing procedures and the rights of the individual, including how to communicate with the court regarding those rights.

- Investigating the individual's financial situation and reporting the estimated value of their cash and property to the court.

- Informing the individual of their rights to contest the petition, request limitations on the guardian's powers, object to the appointment of a specific guardian, be present at hearings, and secure legal representation, with provisions for court-appointed counsel for those who cannot afford an attorney.

- Notifying the alleged incapacitated person of the individuals seeking the roles of guardian or standby guardian.

- inform the individual that a guardian may have the authority to issue a do-not-resuscitate order or complete treatment orders and must ascertain if the individual objects to such decisions.

For those who qualify as indigent, such as recipients of Medicaid or similar assistance, the costs related to GAL services may be funded by the county. For individuals not classified as indigent, the judge will arrange for the payment of GAL service fees to be drawn from the assets of the legally incapacitated individual.