Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Adult siblings fighting over assets and other adults that could often avoid litigation make up most California trust and estate disputes. These are adults that are fully capable of making their own choices about what to seek and how hard to litigate. However, many disputes involve people that are not capable of arguing on their own behalf. This group includes children, mentally incapacitated adults, and even unborn potential beneficiaries. 

In situations like this, the probate judge may need to appoint a Guardian Ad Litem (GAL) to act as a “surrogate decision maker”. A GAL is a person that is appointed by the court to look out for the interests of another person, usually one that is unable to do so on their own. 

A GAL is not always necessary for an adult that is mentally capacitated so long as that adult has signed a durable power of attorney. 

When seeking a GAL, there are a few considerations to take into account as there may be some situations in which it is clear that you need a GAL, whereas in others it is not so black and white. 

Since GALs cannot represent themselves unless they are a practicing attorney, many families opt to hire an attorney that is knowledgeable in the area so they can pay one person to fill both roles. 

An important note: just because a GAL is there to represent the interests of the client, it does not mean they will necessarily take a position on the same side as yours. Many times GALs end up in an adverse position, so keep that in mind. 

See, Jeffrey Galvin, Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?, Trust on Trial, July 13, 2020. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.