When someone files a petition to the court stating that an adult cannot care for their own needs, the court sets a hearing date. They also assign the person in question a guardian ad litem. The guardian ad litem (usually an attorney) investigates the accusations of incompetence. They also attend the incompetence hearing before the Clerk of Court (the judge). Finally, they also make a recommendation to the court. Learn what exactly goes into making that recommendation. Find out how a guardian ad litem for adults helps in incompetency determinations every day.
Guardian Ad Litem for Adults: What is Their Role in Incompetency Determinations?
A guardian ad litem is a person appointed by the court to investigate and make recommendations in a case where an individual may be incompetent. When someone files a petition to the court alleging that an adult cannot care for their own needs, the court makes an incompetency determination. Incompetency means that a person cannot care for their own needs.
The guardian ad litem’s responsibilities include
- Investigating the accusations of incompetence
- Attending the hearing before the Clerk of Court (the judge)
- Making a recommendation about what the court should do
Guardian ad litems are essential in these cases because they provide an unbiased, third-party perspective on whether individuals are genuinely incompetent and unable to care for themselves.
How Do Guardian Ad Litems for Adults Investigate Accusations of Incompetence?
Guardian ad litems conduct a thorough investigation of the allegations made against the person in question. Their research usually involves talking to:
- Doctors
- Neighbors
- Family members
- Psychiatrists
- Counselors
- Other professionals who have interacted with the individual
In addition, they review medical records and any other relevant documentation. After looking at everything, the guardian ad litem uses all of this information to make an informed recommendation to the court. They will state whether their findings show the person is incompetent and needs a guardian appointed to manage their affairs.
What Happens at an Incompetency Hearing?
At an incompetency hearing, guardian ad litems present their findings to the Clerk of Court (the judge). The guardian ad litem will often testify about their investigation and what they believe is in the individual’s best interest.
The person in question also has the opportunity to present evidence and testify, as do other interested parties. After hearing all of the evidence, the Clerk of Court will decide whether or not the person is incompetent and needs a guardian appointed.
How Does the Guardian ad Litem Make Their Recommendation to the Court?
The guardian ad litem looks at all of the evidence they have gathered and makes a recommendation to the court about what they believe is in the individual’s best interest. They base their recommendation on their findings from the investigation and their professional opinion.
The guardian ad litem considers the person’s mental and physical health, as well as their ability to care for themselves and make decisions about their own life.
Incompetency determinations are serious matters that can significantly impact a person’s life. Guardian ad litems play a vital role in these cases by investigating allegations of incompetence and making recommendations to the court. They provide an unbiased, third-party perspective that can be vital in ensuring that only those who genuinely need a guardian are appointed one.
Do I Need an Attorney?
If someone accuses you of being incompetent, it is crucial to seek out the help of an attorney. A court appoints a guardian ad litem as your advocate. However, hiring your own attorney to represent you can give you the crucial support you need to win your incompetency case.
A guardian ad litem is truly a non-biased 3rd party who can investigate the allegations against you. They also help you present your case in court. However, they are not in your employ.
Guardian ad litems can make a difference in whether or not you are declared incompetent. However, an attorney you hire yourself works with you to establish your defense against an incompetency ruling. They can help prevent a judgment of incompetency leading to the appointment of a guardian. Get in touch with a guardianship attorney today to get started on your defense.
If Someone You Love Needs Help
Often, a well-meaning individual begins a petition for guardianship of another person. After filing a petition, the court examines whether the person needs a guardian.
Sometimes a person needs a guardian to help manage personal matters, financial matters, and even daily living activities. If a person is declared incompetent, the judge will state the need for a guardian. The court will determine who the guardian will be in a separate proceeding.
We Can Help
At Cape Fear Law, our experienced guardianship attorneys work with adults accused of incompetency and also with families who need a guardian appointed for a loved one. We understand the gravity of these cases and are dedicated to fighting for our client’s rights.
If you or someone you love is facing an incompetency determination, we can help. Contact us today to schedule a consultation with one of our guardianship attorneys. We will review your case and help you decide what steps to take next. Find out how we can help!