Full question:
Is it illegal and/or unethical for a probate judge to select and appoint a pro bono guardian ad liltem?
- Category: Courts
- Date:
- State: Illinois
Answer:
A guardian ad litem is appointed by a court to protect the interests of a minor or an incompetent person in specific legal matters. The appointment of a guardian ad litem is regulated by state law and local court rules. Typically, a court can appoint either a lawyer or a volunteer special advocate to serve in this role during probate matters.
In contested guardianship proceedings, a court may designate a neutral third party as a guardian ad litem to investigate and provide recommendations regarding the need for guardianship and the suitability of the proposed guardian. Guardians ad litem also manage the affairs of elderly individuals who can no longer do so themselves.
According to Illinois law, when a minor or disabled heir is involved in a will admission or denial proceeding, the court may appoint a guardian ad litem if it finds that the ward's interests are not adequately represented (755 ILCS 5/6-12). In cases where a petition for guardianship is filed, the court will typically appoint a guardian ad litem to report on the best interests of the respondent, unless it determines that such an appointment is unnecessary (755 ILCS 5/11a-10).
If the guardian ad litem is not a licensed attorney, they must have relevant training or experience to advocate for individuals with disabilities (755 ILCS 5/11a-10). The court may also allow reasonable compensation for the guardian ad litem's services (755 ILCS 5/27-4).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.