Skip to main content

Guardian Aid litem representing/not wanting them to represent you anymore in civil housing court case

New York, NY |

if lets say I requested a GAL for myself and I'm granted one from the judge, can I change my mind later and tell the judge I don't want one? how do you get rid of the gal if they already submitted papers in court saying they representing you on a housing case in civil court?

I requested a GAL because I have anxiety and didn't have representation and was having trouble understanding my rights and legal terms. I'm hiring a lawyer now and DONT want the GAL so need to know what are my options if any. thanks

Attorney Answers 2

Posted

Why would anyone request a Guardian Ad Litem? The only reason they are assigned is for infancy, incapacity or disability.

If you're too young to not have one, then you cannot simply drop them without a compelling reason.

If you've been incapacitated, then you'd have to show the incapacity has been removed to get rid of one.

If you have a disability, then you would need to prove that the disability has been removed to get rid of one.

In any case, you can't simply dismiss them when it suits you, after one has been appointed.

To further complicate the matter, you've had this person appear on your behalf in a civil housing matter. Not only would you need the permission of the Court that assigned the Guardian, you would need the permission of the Housing Court.

If the Guardian is an ATTORNEY, and the attorney has APPEARED in the Housing Case, then what you are talking about is having a change of attorney, not removal of the guardian. This would be pretty complicated, though, and it is a conversation you would need to have WITH the Attorney who is acting as your Guardian.

This does not constitute legal advice or the engagement of my services as an attorney.

Mark as helpful

3 lawyers agree

5 comments

Asker

Posted

I have anxiety and have problems understanding when I have episodes so asked my therapist to write a letter and then I showed my SS administration letter saying I was disabled. Im hiring a lawyer and don't want the GAL or feel I need them so want to know since I requested one can I undo it. thanks

Glenn Johnston

Glenn Johnston

Posted

I'm pretty sure that the Judge will require something more than a letter from your therapist.

Glenn Johnston

Glenn Johnston

Posted

If the GAL is not an attorney, then ask the court to appoint attorney through your GAL.

Asker

Posted

I showed a letter from Social Security Administration saying Im disabled, I wanted a GAL because I had no representation but my GAL is NOT a lawyer. So in other words everything I do has to be done from GAL

Glenn Johnston

Glenn Johnston

Posted

Your guardian needs to make sure you have legal representation on your housing matter. If she is not assisting you in this matter, you need to contact the judge that appointed her and advise him that your Guardian is not assisting you in this matter.

Posted

If the judge has appointed a guardian ad litem for you it is because that judge believes you need assistance in defending yourself in the proceeding. Once that guardian ad litem has been appointed it is unlikely that the judge will relieve her because you disagree with the way she is handling the case.

The above constitutes general information only and should not be considered legal advice.

Mark as helpful

3 lawyers agree

3 comments

Asker

Posted

what if I requested the GAL and now hiring a lawyer? Do I still have to stay with the GAL?

Bruno Patrick Bianchi

Bruno Patrick Bianchi

Posted

Unfortunately, yes.

Bruno Patrick Bianchi

Bruno Patrick Bianchi

Posted

Unless your lawyer can convince the judge to relieve the GAL.