[blindlaw] Guardianship practice

[Elizabeth Rene]

Hi all,

Just wanted to pass along an interesting bit of information about an area of 
practice I'd known nothing about, with the suggestion that you, too, might 
find it intriguing.

Last week, I attended a two-day CLE seminar put on by my county bar 
association to certify applicants for the superior court's guardian ad litem 
registry.  By statute, lawyers and qualified nonlawyers can register to be 
appointed by the court to serve as guardians ad litem (GALS).  GALS, 
operating within the terms of their appointing court order, are authorized 
and empowered to investigate the merits of petitions for the guardianship of 
"alleged incapacitated persons" (read "vulnerable adults") in the best 
interests of that person, to recommend the appointment of a guardian or some 
other less restrictive intervention, to support or veto the petitioner's 
guardian nominee, to recommend a certified professional guardian independent 
of the family, or to support or qualify the wishes of the alleged 
incapacitated person, given the relevant facts.  GALS can get help in the 
administration of these duties from the court commissioner by requesting 
further formal instructions re their appointing order, and their role ends 
when the court determines what to do.

Lawyers can serve as GALS, as certified professional guardians (CPG's) who 
are also trained and appointed by the court, or they can represent the 
alleged incapacitated  person, who has the right to counsel in any 
guardianship proceeding.

Whether a GAL, a CPG, or an appointed attorney, the lawyer serving in this 
practice gets paid an hourly rate, by the court if the person involved has 
limited means, or by the alleged incapacitated person whose wealth permits 
private payment--but the rate is determined by the court to prevent 
exploitation.  The nonlawyer GAL or CPG is paid in the same way.

GAL appointments are short-term, the work is intense, and the deadlines are 
tight.  But a sentient GAL could do a lot to help a vulnerable adult keep 
his dignity while shielding him from self-destruction or staving off the 
clutches of greedy relatives.  GALS are mandated in Washington to take the 
least custodial path to this end.

Other kinds of guardians ad litem serve the courts, e.g. in family law 
custody or child dependency proceedings, or adoptions.  These, I understand, 
take their authority from other statutes.

Seems to me that those of us who write to this list could be particularly 
attuned to the kinds of issues that might arise in guardianship proceedings, 
and especially suited to assess the best interests of someone thought by 
others to have less than full capacities.  I think this because of our own 
commitment to self-determination.

Every state appoints guardians.  Most likely, every state court appoints 
guardians ad litem to help determine whether a guardianship should be 
established.  Some states may have established standards for this, others 
may not.

But those of us able blind lawyers who are looking to round out a practice, 
or who are wondering what to do until full-time employment comes, might want 
to think about whether some guardianship work might help to keep the wolf 
away from our own doors, and the lion from somebody else's.

Good luck.

Elizabeth