Reasons to appoint a Guardian at Litem in probate if both sides have a attorney? Why does the judge appoint a Guardian at Litem in probate, if both sides have an attorney?
Family Law Attorney
In many types of cases (some types of guardianships and conservatorships for instance) a Guardian ad LItem, or GAL is required under the law. In other cases, the judge wants an individual appointed to check into the best interest of the ward, and make a report to the court for reasons dealing with the facts of the case.
Attorney Kay is correct. Typically, a Guardian Ad Litem ("GAL") is appointed for a legally incapable individual, such as a minor or a person who suffers from a mental disability, to make sure that the individual's interests are protected in a legal proceeding. A GAL may also be appointed in a trust matter where there are minors and/or unborn remaindermen of a trust. In any event, this is the judge's call and there's really nothing you can do about it. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.
Divorce / Separation Lawyer
The Guardian ad Litem is the eyes and ears of the court and looks out for the best interest of the subject adult or minor. Neither attorney is able to do that objectively as each attorney is obligated to represent his/her own client. That does not mean that the attorneys or the parties mean any harm to the person; it merely means that the judge is looking for an independent and objective person to report back what, in the opinion of the GAL, would be in the subject person's best interests.