Actions in which a Guardian ad litem (GAL) or Court-appointed counsel might be appointed: •KRS Ch. 620 Dependency, Neglect, and Abuse (DNA Cases) •KRS Ch. 625 Termination of Parental Rights (TPR Cases) •KRS Ch. 199 Adoption Proposed Family Court Rules of Procedure and Practice address representation in these proceedings
Guardian is to be distinguished from guardian ad litem. A guardian is a person who is appointed to care for the personal needs and oversee the welfare of an incapacitated person, while a guardian ad litem, in the context of this article, is an attorney appointed by a court for purposes of litigation involving
Compensation of Attorney ad Litem Court shall order payment of attorney ad litem fee set by court as compensation. TEX.ESTATES CODE §1155.151. If proposed ward’s assets are insufficient, county is responsible for cost of those services. If party in guardianship proceeding is found to have acted in bad faith or without just cause in
Guardian ad Litem Program (GAL Program): all individuals employed by and volunteering for the Guardian ad Litem Program, except for the purpose of these standards, Program Attorneys as defined below. GAL Program includes Program Directors and Circuit Directors (collectively, “Program Directors”), Case Coordinators, and Volunteers.
The Program Attorney represents the GAL Program as a legal entity, and the GAL Program is the client as referenced in Rule 4-1.13, Rules Regulating the Florida Bar.i The GAL Program is appointed to represent the child’s best interests in dependency court proceedings. The Program Attorney provides counsel regarding the child’s best interest and shall fully participate in the decisions regarding the child’s best interests as indicated in Standard 4.6 of the GAL Standards of Operation.
When appropriate, the Program Attorney shall assist the GAL Program in obtaining and protecting confidential information.
Guardian ad Litem Program (GAL Program): all individuals employed by and volunteering for the Guardian ad Litem Program, except for the purpose of these standards, Program Attorneys as defined below. GAL Program includes Program Directors and Circuit Directors (collectively, “Program Directors”), Case Coordinators, and Volunteers.
Unless otherwise agreed upon by the Program Director and State Office, the Program Attorney and the Supervising Attorney shall report to the Program Director regarding administrative issues. The Program Attorney shall report to the Supervising Attorney who shall report to the Office of the General Counsel regarding matters related to the practice of law.
When an appellate issue arises, the Program Attorney should discuss the appellate issue with the Supervising Attorney or Program Director. In appropriate circumstances, the Program Attorney, the Supervising Attorney, or Program Director may also consult the State Office. Where a case involves an appellate issue that poses potential statewide implications, the Program Attorney, Supervising Attorney, or Program Director shall notify the State Office at the earliest opportunity.
The Supervising Attorney shall supervise the practice of law within the Circuit Program by making all efforts necessary to ensure that all Program Attorneys under his or her supervision conform to the highest standard of the profession and comply with these standards and the Rules Regulating the Florida Bar.ii
The best interests of the child standard, as determined by the Program and set forth in Standard 1.2 of the GAL Standards of Operation, shall be the paramount consideration in every decision or action of the Program Attorney.
The Guardian Ad Litem will typically interview both parents and the child. The Guardian Ad Litem may also interview third parties such as psychologists, doctors, teachers, and relatives. The GAL will typically conduct a “home study,” during which she will visit the child (ren)’s residence and interview the other residents.
There are several things to consider when preparing and visiting with the Guardian Ad Litem (GAL). Here are just a few: