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Guardian ad Litem: Guardians of the Law

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By: Robert Proctor

Guardian ad litems are most often responsible for minors or incapacitated adults. These wards are assigned by courts for the purpose of having their special needs and rights conserved by a fiduciary party who is held to the very highest standard of care. As a fiduciary party to court proceedings, GALs hold in trust the best interests of the infants, children and disabled adults they represent. A GAL may be assigned to one specific proceeding or to monitor the ongoing care of their ward.

The types of court proceedings that most often involve a GAL are divorce and paternity suits, estate probation hearings, and criminal cases involving allegations of neglect and abuse. In civil proceedings, the adults legally responsible for the minor or incapacitated individual are often responsible for any costs associated with the work completed by the GAL. Although the GAL may work as a volunteer or may have their salary paid by a social services or non-profit agency, there are often costs associated with the work they perform.

So what tasks does a Guardian ad Litem perform during the course of a normal court proceeding? In some circumstances, their duties may be very similar to that of a social worker. For example, in divorce proceedings, a GAL will often take time to interview both parties to the divorce as well as all affected children and any other involved or affected party. Based upon these interviews, as well as the results of any family or home investigations, GALs will make a recommendation to the court as to custody and visitation. A secondary consideration in divorce proceedings is to shield any minor children from the traumatic experience of appearing as a witness in a court proceeding or being questioned by parties who may not have their best interests at heart.

In criminal proceedings involving charges of neglect or abuse, a Guardian ad Litem is most often given the responsibility of making observations on the family and home life surrounding their ward, as well as interviewing any involved parties or any parties to whom information may have been entrusted. Like a social worker, the GAL would then make a full report to the court as to authenticity and gravity of the violations.

Requirements differ by jurisdiction over who can become a Guardian ad Litem. Some jurisdictions require specific legal or social work training, but many areas accept responsible adult volunteers from diverse professional backgrounds. All states require a criminal background check of applicants to their Guardian ad Litem program, and some require a specific number and type of continuing education courses, specifically designed to keep volunteer and professional GALs alike abreast of current legal standards and concerns in the care of children and incapacitated adults. In order to satisfy the huge needs most states have for Guardian ad Litems, a person volunteering in this role is often asked to devote a certain number of hours per week to this vocation, as well as agree to act in that capacity for a certain length of time. Guardian ad Litems that are employed by non-profit or social service agencies often balance very heavy workloads.

A challenging and sometimes heart-wrenching vocation, Guardian ad Litems are an absolutely integral part of civil and criminal legal proceedings. To become a valued volunteer, contact your local social services agency or any non-profit organization devote to protecting the needs of children today.

Robert Proctor is part of Legal Week Jobs, a website specialising in law jobs and recruitment including gradute, legal secretary, solicitor & paralegal jobs.

For more information please visit http://www.legalweekjobs.com

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