Alabama § 26-2A-52 - Guardian Ad Litem.

§ 26-2A-52. Guardian Ad Litem.

(a) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a respondent if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.

(b) The primary responsibility of a guardian ad litem is to protect the best interest of the respondent. The duties of a guardian ad litem include the following:

(1)a. Meet with the respondent prior to court hearings and when apprised of emergencies or significant events impacting the respondent.

b. Explain, in terms understandable to the respondent, what is expected to happen before, during, and after each court hearing.

(2) Conduct a thorough and independent investigation. Unless otherwise directed by the court, the investigation shall include the following:

a. Obtaining and reviewing relevant documents.

b. Interviewing the person who appears to have caused the petition to be filed and any other person who is nominated to serve as guardian or conservator.

c. Interviewing the respondent, if practicable.

d. Prior to a final hearing on the appointment of a guardian or conservator, and at other times as necessary, visiting the present dwelling of the respondent.

e. Making reasonable efforts to ascertain the respondent’s wishes.

f. Identifying less-restrictive alternatives to guardianship or conservatorship.

(3) Unless represented by counsel, inform an alleged incapacitated adult respondent of the respondent’s right to be present at the hearing, to be represented by counsel, to present evidence and cross-examine witnesses, and to demand a trial by jury.

(4) Advocate for appropriate services for the respondent.

(5) Advocate for the result that is the least restrictive in type, duration, and scope and consistent with an alleged incapacitated adult respondent’s best interest.

(6) Submit a report and recommendation in writing to the court. In making the report, the guardian ad litem shall be an advocate for the best interest of the respondent. The guardian ad litem should consider, but is not bound by, the wishes of the respondent.

(7) Attend all court hearings and file all necessary pleadings to facilitate the best interest of the respondent.

(8) Avoid conflicts of interest, impropriety, and self-dealing.

(c) The court may include additional duties or instructions for the guardian ad litem in its order of appointment.

(d) Unless otherwise provided by court order, a guardian ad litem’s duties in a proceeding terminate: (i) when the court has issued a final order or judgment and the time for an appeal of the order or judgment has expired without an appeal being filed; or (ii) if an appeal was filed, after the final adjudication of the appeal.

(e) Before being appointed by the court, every guardian ad litem appointed under this chapter shall successfully complete a training program prepared or approved by the Alabama Probate Judges Association and the Alabama Law Institute.