Guardian ad Litem: Guardians of the Law

"body">may not have their best interests at heart.
Guardian ad litems are most often responsible forIn criminal proceedings involving charges of neglect or
minors or incapacitated adults. These wards areabuse, a Guardian ad Litem is most often given the
assigned by courts for the purpose of having theirresponsibility of making observations on the family and
special needs and rights conserved by a fiduciaryhome life surrounding their ward, as well as
party who is held to the very highest standard of care.interviewing any involved parties or any parties to
As a fiduciary party to court proceedings, GALs hold inwhom information may have been entrusted. Like a
trust the best interests of the infants, children andsocial worker, the GAL would then make a full report
disabled adults they represent. A GAL may beto the court as to authenticity and gravity of the
assigned to one specific proceeding or to monitor theviolations.
ongoing care of their ward.Requirements differ by jurisdiction over who can
The types of court proceedings that most oftenbecome a Guardian ad Litem. Some jurisdictions
involve a GAL are divorce and paternity suits, estaterequire specific legal or social work training, but many
probation hearings, and criminal cases involvingareas accept responsible adult volunteers from
allegations of neglect and abuse. In civil proceedings,diverse professional backgrounds. All states require a
the adults legally responsible for the minor orcriminal background check of applicants to their
incapacitated individual are often responsible for anyGuardian ad Litem program, and some require a
costs associated with the work completed by thespecific number and type of continuing education
GAL. Although the GAL may work as a volunteer orcourses, specifically designed to keep volunteer and
may have their salary paid by a social services orprofessional GALs alike abreast of current legal
non-profit agency, there are often costs associatedstandards and concerns in the care of children and
with the work they perform.incapacitated adults. In order to satisfy the huge needs
So what tasks does a Guardian ad Litem performmost states have for Guardian ad Litems, a person
during the course of a normal court proceeding? Involunteering in this role is often asked to devote a
some circumstances, their duties may be very similarcertain number of hours per week to this vocation, as
to that of a social worker. For example, in divorcewell as agree to act in that capacity for a certain
proceedings, a GAL will often take time to interviewlength of time. Guardian ad Litems that are employed
both parties to the divorce as well as all affectedby non-profit or social service agencies often balance
children and any other involved or affected party.very heavy workloads.
Based upon these interviews, as well as the results ofA challenging and sometimes heart-wrenching
any family or home investigations, GALs will make avocation, Guardian ad Litems are an absolutely integral
recommendation to the court as to custody andpart of civil and criminal legal proceedings. To become
visitation. A secondary consideration in divorcea valued volunteer, contact your local social services
proceedings is to shield any minor children from theagency or any non-profit organization devote to
traumatic experience of appearing as a witness in aprotecting the needs of children today.
court proceeding or being questioned by parties who