Guardian Ad Litems in Guardianship Proceedings Vida E. Cruz Staff Attorney Illinois Disability...

Guardian Ad Litems in Guardianship Proceedings

Vida E. Cruz

Staff Attorney

Illinois Disability Association

vida.cruz@ilpooledtrust.com

My Background

• I am not a GAL! • Practicing 20 years in probate-- various roles • First encounter with the term guardian ad litem ( law

school orientation 1987)• GAL in juvenile court (Cook County Public Guardian)• Attorney-- Adult Guardianship Division (Cook County

Public Guardian)• Trust officer (US Bank and Chase)• Staff attorney-- Pooled Trust since 2004

Meeting the ward (or alleged disabled person):

Home visits: -investigate living situation/be a detective-interview the ward-record verbal and non-verbal communication-if ward is not verbal: make observations -interview without caregiver or guardian present-interview petitioner, caregiver, family members-assess safety-who is living there (who is footing the bill)*If situation warrants: be prepared to call 911 or abuse hotline

Meeting the ward (or alleged disabled person) cont’d:

Nursing home/hospital visits:-review medical chart-talk to floor nurse -psych nurse

Home Visit Checklist:• Appropriate locks/security• Smoke detectors• Ability to exit in case of an emergency• Space heaters• a/c• Functioning utilities • Appropriate wheelchair accessibility• walk around outside

Home Visit Checklist cont’d:

• Appropriate dress• Hygiene• Medications• Food• bills, mail

The Guardian

• Ask for a written care plan• Ask for a budget

-for community wards even if there is only Social Security payments, find out how much it is , how it is spent

-look out for family members living off the ward

Trust but verify

• Be a sleuth/detective/sniff out trouble• Start with the assumption that everyone is doing

something wrong• Does the guardian follow through with proposed tasks,

doctor’s recommendations, etc.?• Get documentation whenever possible

Critical Thinking

• The court puts a lot of responsibility in the GAL’s hands. You are the “eyes and the ears” of the court• Make sure when appointed (post-adjudication) that the

court order is clear as to what the GAL needs to investigate• Be thorough• Be suspicious

-nursing homes are understaffed-CILAs are understaffed -caregivers are stressed and underpaid (or not paid)

Critical Thinking (cont’d)

• Try to make clear , concrete recommendations when at all possible

-judges do not like it when a GAL does not offer a proposed solution!

• Always file a written report

Talk to the Experts

• Petition for a case manager or other expert if to be appointed if there are funds• Petition for a specialized evaluation (psychiatric

eval/neuropsych, etc.)• Access free experts:• Talk to the professionals involved

-Doctors-Nurses (DON)-Nursing home social workers-Therapists

• Take advantage of CVLS supervisors and their extensive knowledge!

Become an expert

• Understand Pooled Trusts/investments

• Join the CBA Elder Law Committee

• Join the CBA Mental Health Law Committee

• Talk to other experts:-Office of the Public Guardian (Wendy Cappelletto intake attorney 312-603-0800)-Guardianship and Advocacy ( Office of State Guardian intake708-338-7500)-Illinois Citizens for Better Care-Equip for Equality (312-341-0022)-Friendly probate attorneys

Go the extra mile

• Bring issues to the court’s attention• Advocate for the ward• Educate the guardian• Guide the guardianIf necessary:• File a petition• File a citation• Refer to a psychiatrist• Refer to a case manager• Assist with psych hospitalization• Call the elder abuse hotline • Call 911