Guardian Ad
Litem
Litem
A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or legal
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
Guardians Ad Litem (GAL)
Appointment: A court appoints a GAL in proceedings to determine:
Competency of the client (§ 880.33, Stats)
Protective placement or services
"Watts Review" - Review of protective placement or services to ensure that the individual is in the least
restrictive setting (so named for a Wisconsin Supreme Court decision)
Termination of protective placement (§ 55.06, Stats.)
Qualifications:
Licensed attorney, who is not a party or representative of a party.
Responsibilities:
Advocate for the "best interests" of the client.
General duties:
Interview client and explain procedure and rights.
Advise client, orally and in writing, of rights under § 880.331(4)(b), Stats.
Request necessary additional evaluations.
's objections.∍Inform court of client
Present evidence of what are the "best interests" of client.
Report to the court on any other relevant matter that seems pertinent, or that the court requests.
Duties in placement reviews:
Interview client and explain procedures and rights, orally and in writing.
Secure necessary additional evaluations.
Review annual and other reports about the client (e.g. client's behaviors, criminal records, etc.).
Review with guardian client’s condition, current placement and client rights.
Inform the court of client’s objections.
Report to court if client requests counsel or hearing.
Communication to jury:
Tell the jury that GAL represents best interests of client.
Termination, extension of appointment:
Ends upon court’s final order or termination of any appeal of court's decisions GAL participates in.
Court may extend or reappoint.
GAL or any party may request termination of extension or reappointment.
GAL may chose to participate in an appeal, but if declines must inform appellate court of reasons.
Appellate court may order GAL to participate.
Compensation:
Court may order reasonable compensation from county (or other source -- such as the client).
Pay may not exceed compensation to private attorneys under § 977.08(4m), Stats.
Note: § 880.34(6)(a)2, Stats., requires annual appointment of a GAL when a chronically mentally ill client in
the community has a guardian appointed under § 880.33(4m)(a), Stats. to make the decision on consent
to or refusal of psychotropic medications on the client’s behalf.
The GAL’s duties regarding the client are found in § 880.34(6)(a)2, Stats. The requirements of the report
to the court are found in § 880.34(6)(c), Stats.
Evaluation of Client Needs:
County staff complete comprehensive evaluations and conduct annual reviews.
State centers are required to document the supports clients need to be placed in the community.
For state center clients, check with Social Work Supervisors.
GAL can rely on annual reviews or ask the court to order an independent evaluation.
State center resources are available to do evaluations of clients residing in the community.
Possible resources for GALs:
County staff
Provider agencies
Workshops
County-contracted individual work sites with job coaches
Activity coordinators
Community placement workers
Community Integration Program (CIP) staff
Center Capacity Teams
Center Crisis Management support staff
Bureau of Developmental Disabilities (BDD)
Community experts such as Waisman Center and university professionals
Competing Interests of Parties:
The GAL shall function independently, in the same manner as an attorney for a party, and shall consider,
but not be bound by, the wishes of the client or the positions of others as to the "best interests" of the
client. (§ 880.331(3), Stats.)
GAL has duty not only to find out the positions of all parties (including client), but also to scrutinize the
basis for that position.
Guardians, on the other hand, have much authority over their ward, but authority is not absolute.
Guardians must perform their duties "in good faith, in the best interests of the ward[s] and with the degree
of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs." (§ 880.39,
Stats.)
GALs must determine the "best interests" of the client and not rely solely on wishes of the parties.
Best Interests of Client:
"Protective placements and services...should, to the maximum degree of feasibility, allow the individual the
same rights as other citizens, at the same time protect the individual from exploitation, abuse and
degrading treatment... This chapter is designed to... place the least possible restrictions on personal
liberty and exercise of constitutional rights consistent with due process and protection from abuse,
exploitation and neglect." (§ 55.001, Stats.)
Balancing of interests: risk-taking to experience growth vs. caution and over-protectiveness. Providing
services for the client in the least restrictive environment given client’s service needs must be a primary
consideration.
Funding sources for moving a person from a state developmental disability center to the community:
CIP-1A funds (for placements of current state center clients), Medical Assistance card services and SSI-E.
CIP-IB funds may also be available -- check with the Bureau of Developmental Disabilities.
COP money may be used to supplement CIP-1A and CIP-1B if county agrees and funds are available.
Cost-benefit Analysis of Community Placement:
Presume benefits of community involvement and normalization.
Review client’s cognitive abilities / reactions if non-verbal.
Consider cost per day to provide appropriate services?
GAL may need to advocate for a treatment plan that considers costs to ensure community placement is
possible.
GAL Compensation:
From county, but can ask for court-ordered client payment if funds are available.
Client payments to GAL from sources including:
Estates
SSI
Inpatient clients receiving SSI are given a portion of their SSI for personal items.
Clients may have saved SSI funds but these are not available to GAL unless they exceed $500 and future
personal needs have been considered.
Social Security
Clients receiving Social Security benefits (like SSDI) may have funds available on a case-by-case basis.
GAL fees are considered to be part of the client's cost of care so that federal funds may reimburse the
GAL at a later date.
GAL bills are processed by county’s Income Maintenance Department which will identify funding sources
for reimbursing GALs.
Appointment: A court appoints a GAL in proceedings to determine:
Competency of the client (§ 880.33, Stats)
Protective placement or services
"Watts Review" - Review of protective placement or services to ensure that the individual is in the least
restrictive setting (so named for a Wisconsin Supreme Court decision)
Termination of protective placement (§ 55.06, Stats.)
Qualifications:
Licensed attorney, who is not a party or representative of a party.
Responsibilities:
Advocate for the "best interests" of the client.
General duties:
Interview client and explain procedure and rights.
Advise client, orally and in writing, of rights under § 880.331(4)(b), Stats.
Request necessary additional evaluations.
's objections.∍Inform court of client
Present evidence of what are the "best interests" of client.
Report to the court on any other relevant matter that seems pertinent, or that the court requests.
Duties in placement reviews:
Interview client and explain procedures and rights, orally and in writing.
Secure necessary additional evaluations.
Review annual and other reports about the client (e.g. client's behaviors, criminal records, etc.).
Review with guardian client’s condition, current placement and client rights.
Inform the court of client’s objections.
Report to court if client requests counsel or hearing.
Communication to jury:
Tell the jury that GAL represents best interests of client.
Termination, extension of appointment:
Ends upon court’s final order or termination of any appeal of court's decisions GAL participates in.
Court may extend or reappoint.
GAL or any party may request termination of extension or reappointment.
GAL may chose to participate in an appeal, but if declines must inform appellate court of reasons.
Appellate court may order GAL to participate.
Compensation:
Court may order reasonable compensation from county (or other source -- such as the client).
Pay may not exceed compensation to private attorneys under § 977.08(4m), Stats.
Note: § 880.34(6)(a)2, Stats., requires annual appointment of a GAL when a chronically mentally ill client in
the community has a guardian appointed under § 880.33(4m)(a), Stats. to make the decision on consent
to or refusal of psychotropic medications on the client’s behalf.
The GAL’s duties regarding the client are found in § 880.34(6)(a)2, Stats. The requirements of the report
to the court are found in § 880.34(6)(c), Stats.
Evaluation of Client Needs:
County staff complete comprehensive evaluations and conduct annual reviews.
State centers are required to document the supports clients need to be placed in the community.
For state center clients, check with Social Work Supervisors.
GAL can rely on annual reviews or ask the court to order an independent evaluation.
State center resources are available to do evaluations of clients residing in the community.
Possible resources for GALs:
County staff
Provider agencies
Workshops
County-contracted individual work sites with job coaches
Activity coordinators
Community placement workers
Community Integration Program (CIP) staff
Center Capacity Teams
Center Crisis Management support staff
Bureau of Developmental Disabilities (BDD)
Community experts such as Waisman Center and university professionals
Competing Interests of Parties:
The GAL shall function independently, in the same manner as an attorney for a party, and shall consider,
but not be bound by, the wishes of the client or the positions of others as to the "best interests" of the
client. (§ 880.331(3), Stats.)
GAL has duty not only to find out the positions of all parties (including client), but also to scrutinize the
basis for that position.
Guardians, on the other hand, have much authority over their ward, but authority is not absolute.
Guardians must perform their duties "in good faith, in the best interests of the ward[s] and with the degree
of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs." (§ 880.39,
Stats.)
GALs must determine the "best interests" of the client and not rely solely on wishes of the parties.
Best Interests of Client:
"Protective placements and services...should, to the maximum degree of feasibility, allow the individual the
same rights as other citizens, at the same time protect the individual from exploitation, abuse and
degrading treatment... This chapter is designed to... place the least possible restrictions on personal
liberty and exercise of constitutional rights consistent with due process and protection from abuse,
exploitation and neglect." (§ 55.001, Stats.)
Balancing of interests: risk-taking to experience growth vs. caution and over-protectiveness. Providing
services for the client in the least restrictive environment given client’s service needs must be a primary
consideration.
Funding sources for moving a person from a state developmental disability center to the community:
CIP-1A funds (for placements of current state center clients), Medical Assistance card services and SSI-E.
CIP-IB funds may also be available -- check with the Bureau of Developmental Disabilities.
COP money may be used to supplement CIP-1A and CIP-1B if county agrees and funds are available.
Cost-benefit Analysis of Community Placement:
Presume benefits of community involvement and normalization.
Review client’s cognitive abilities / reactions if non-verbal.
Consider cost per day to provide appropriate services?
GAL may need to advocate for a treatment plan that considers costs to ensure community placement is
possible.
GAL Compensation:
From county, but can ask for court-ordered client payment if funds are available.
Client payments to GAL from sources including:
Estates
SSI
Inpatient clients receiving SSI are given a portion of their SSI for personal items.
Clients may have saved SSI funds but these are not available to GAL unless they exceed $500 and future
personal needs have been considered.
Social Security
Clients receiving Social Security benefits (like SSDI) may have funds available on a case-by-case basis.
GAL fees are considered to be part of the client's cost of care so that federal funds may reimburse the
GAL at a later date.
GAL bills are processed by county’s Income Maintenance Department which will identify funding sources
for reimbursing GALs.
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