What Is A Guardian Ad Litem? When Would A Guardian Ad Litem Be Appointed?

In Arizona, a guardian ad litem is an attorney who is appointed by the court to look out for the best interest of a child. It is a very unique appointment. The best interest of a child is also a very interesting factor. The best interest doesn’t mean it’s what the child wants, but what the guardian ad litem believes is best.

What Is The Difference Between A Guardian Ad Litem And A Guardian?

A guardian takes on a parental role. It is the person a child would go home with. A guardian makes medical decisions and steps into the shoes of a parent. On the other hand, a guardian ad litem is a legal person. They’re an attorney. They go to court and specify what they believe is best for the child. For example, if a child just wants to eat ice cream all day – for breakfast, lunch and dinner, the guardian ad litem would go to court and ask the judge to weigh on the situation. A guardian would be the person in the house instructing the child not to eat ice cream for breakfast, lunch, and dinner.

Can We Refuse A Guardian Ad Litem?

A guardian ad litem for a child normally cannot be refused. They’re appointed by the court. It is their job to look after the child’s best interests.

What Powers Does The Guardian Ad Litem Have?

The guardian ad litem is a voice with the power of the court to eliminate extent. That means that the guardian ad litem has a lot of access to the child. To weigh in on a child’s best interests, the guardian ad litem needs to be able to see or talk to the child. They need to talk to caregivers, medical providers, and the Department of Child Safety workers. The power of a guardian ad litem includes access and a voice in the court proceedings. The guardian ad litem can come in and say what is and isn’t important.

In regard to private termination of parental rights or private dependency actions, the most important power or ability that the guardian ad litem has is that they are someone who is outside of the case. They are someone who doesn’t know the family or the circumstances. Instead, they conduct an investigation. They get to go in with the gravitas of being an outside entity who is trained in the field. They get to tell the judge what they think or don’t think is best.

What Advice Do You Have For Parents When It Comes To Working With A Guardian Ad Litem?

Every parents rights case is different. A represented parent who has an attorney should always talk to their attorney prior to talking to a guardian ad litem. The guardian ad litem is a trained attorney who works in the field. They will relay their thoughts, concerns and legal opinions to the court. Therefore, the best thing to do for a parent is to retain counsel who can help them deal with the guardian ad litem. The parent’s attorney can also advise them on what the guardian ad litem is doing to prepare for any interactions they may have.

For more information on Guardian Ad Litem In The State Of Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 251-6428 today.