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My case of interest is in regards to terminating an adult…

My case of interest...

My case of interest is in regards ***** ***** an adult guardianship

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My client is technically mentally disabled but highly functioning, I assisted her in filing a petition for termination. Her mother is her guardian and has hired a lawyer to object. I received an objection letter stating the case be dismissed because I assisted her in the prep and filing. They said if petition not dismissed they want a guardian ad litem appointed. Not sure what the best move is here

Lawyer's Assistant: Family law varies by state. What state are you in?

Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel this meets the criteria for termination in the best interest of the Ward

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3/19/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,363
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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The court would likely appoint an ad limit here because there is a dispute about whether she is able to manage her affairs or not.There is agreement that she is mentally disabled but function here is in dispute.

An ad litem is a neutral party that would interview everyone and then make an informed recommendation.It would be a good idea here to have an ad litem.

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The Guardian ad litem must be an attorney. The attorney must be licensed to practice law in the state of Colorado. He/she must act in the best interests of the ward only. Typically, an attorney like this is experienced in child custody matters.

As a result, the Guardian ad litem in Colorado, unlike in other states, does not have a typical attorney-client relationship with the ward. What that means is that he/she’s not necessarily advocating for his client’s wishes, but for his client’s best interests. He/she’s not advocating for the interests of the petitioners, or any other persons involved in litigation, or even the demands of the ward. Guardian ad litem’s primary responsibility is to recommend to the court a course of action that is in the best interests of the ward and whether a guardianship is needed at all.

The ad litem here is needed because the ward may have difficulty self representing and you cannot do so.This is because it is considered unauthorized practice of law for you to represent other parties.

I appreciate the chance to help you today.Thanks

If you can positive rate5 stars it is much appreciated.

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Customer reply replied 1 month ago
Awesome. Thank You. Will the Court usually do this automatically or is action required by me/my client?
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