Guardian Ad Litems in Guardianship Proceedings

Vida E. Cruz

Staff Attorney

Illinois Disability Association vida.cruz@ilpooledtrust.com

My Background

• I am not a GAL!

• Practicing 20 years in probate-- various roles

• First encounter with the term guardian ad litem ( law school orientation 1987)

• GAL in juvenile court (Cook County Public Guardian)

• Attorney-- Adult Guardianship Division (Cook County Public Guardian)

• Trust officer (US Bank and Chase)

• Staff attorney-- Pooled Trust since 2004

Meeting the ward (or alleged disabled person): Home visits: -investigate living situation/be a detective

-interview the ward

-record verbal and non-verbal communication

-if ward is not verbal: make observations

-interview without caregiver or guardian present

-interview petitioner, caregiver, family members

-assess safety

-who is living there (who is footing the bill)

*If situation warrants: be prepared to call 911 or abuse hotline

Meeting the ward (or alleged disabled person) cont’d: Nursing home/hospital visits:

-review medical chart

-talk to floor nurse

-psych nurse

Home Visit Checklist:

• Appropriate locks/security

• Smoke detectors

• Ability to exit in case of an emergency

• Space heaters

• a/c

• Functioning utilities

• Appropriate wheelchair accessibility

• walk around outside

Home Visit Checklist cont’d:

• Appropriate dress

• Hygiene

• Medications

• Food

• bills, mail

The Guardian • Ask for a written care plan

• Ask for a budget

-for community wards even if there is only Social Security payments, find out how much it is , how it is spent

-look out for family members living off the ward

Trust but verify

• Be a sleuth/detective/sniff out trouble

• Start with the assumption that everyone is doing something wrong

• Does the guardian follow through with proposed tasks, doctor’s recommendations, etc.?

• Get documentation whenever possible

Critical Thinking • The court puts a lot of responsibility in the GAL’s hands. You are the

“eyes and the ears” of the court

• Make sure when appointed (post-adjudication) that the court order is clear as to what the GAL needs to investigate

• Be thorough

• Be suspicious

-nursing homes are understaffed

-CILAs are understaffed

-caregivers are stressed and underpaid (or not paid)

Critical Thinking (cont’d)

• Try to make clear , concrete recommendations when at all possible -judges do not like it when a GAL does not offer a proposed solution!

• Always file a written report

Talk to the Experts

• Petition for a case manager or other expert if to be appointed if there are funds

• Petition for a specialized evaluation (psychiatric eval/neuropsych, etc.)

• Access free experts: • Talk to the professionals involved -Doctors -Nurses (DON) -Nursing home social workers -Therapists • Take advantage of CVLS supervisors and their extensive knowledge!

Become an expert • Understand Pooled Trusts/investments

• Join the CBA Elder Law Committee

• Join the CBA Mental Health Law Committee

• Talk to other experts: -Office of the Public Guardian (Wendy Cappelletto intake attorney 312-603-0800) -Guardianship and Advocacy ( Office of State Guardian intake708-338-7500) -Illinois Citizens for Better Care -Equip for Equality (312-341-0022) -Friendly probate attorneys

Go the extra mile

• Bring issues to the court’s attention • Advocate for the ward • Educate the guardian • Guide the guardian If necessary:

• File a petition • File a citation • Refer to a psychiatrist • Refer to a case manager • Assist with psych hospitalization • Call the elder abuse hotline • Call 911