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