Guardian Ad Litems in Guardianship Proceedings Vida E. Cruz Staff Attorney Illinois Disability Association

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 ) -Guardianship and Advocacy ( Office of State Guardian intake ) -Illinois Citizens for Better Care -Equip for Equality ( ) -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