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Respondents Rights - Guardian Ad Litem Duties 021 - Tennessee
| Respondents Rights - Guardian Ad Litem Duties Form. This is a Tennessee form and can be used in Guardian-Conservator Chancery Court Hamilton Local County . |
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1 RESPONDENT S RIGHTS GUARDIAN AD LITEM DUTIES The guardianad lite m (GAL) owes a duty to the Court to impartially investigate facts and report them to the Court. He is not an advocate for Respondent but has a duty to determine what is best for Respondents welfare. [T.C.A. 34-1-107(d)(1).] If a conservator is for the pers,o innvestigate physical and mental capabilities of Responde nt. [T.C.A. 34-1-107(d)(3).] If a conservator is for the proper, tiynvestigate: (i) nature and extent of Respondents property (ii) financial capabilities of proposed fiduciary (iii) Proposed Property Management Plan [T.C.A. 34-1-107(d)(4).] DISCUSS THE FOLLOWING WITH RESPONDENT: Verify Respondent is notified or served[T. .C.A. 34-1-107(d)(2)(A).] Consult with Respondent as soon as possib[lTe..C .A. 34-1-107(d)(2)(B).] Determine if the proposed fiduciary is appropriate person to be appo[Tin.Cte.Ad.. 34-1-107(d)(2)(D).] Explain the following to Responden[Tt:. C.A. 34-1-107(d)(2)(C).] Substance of petition[T .C.A. 34-1-107(d)(2)(C)(i).] Nature of proceedings[T .C.A. 34-1-107(d)(2)(C)(ii).] Respondents right to protest petitio[Tn.C .A. 34-1-107(d)(2)(C)(iii).] Identity of proposed fiduciary[T .C.A. 34-1-107(d)(2)(C)(iv).] Respondents righ asts set forth in T.C.A. 34-3-106 [T .C.A. 34-1-107(d)(2)(C)(v).] Demand a hearing on issue of disability[T .C.A. 34-3-106(1).] Present evidence and confront and cross examine witnes[Ts.eCs. A. 34-3-106(2).] Appeal the final decision on the petitio[Tn.C .A. 34-3-106(3).] Attend any hearing[T .C.A. 34-3-106(4).] Have an attorneyad lite m appointed [T.C.A. 34-3-106(5).] [Form 021, Rev. 2002.05.01] 1 Attorneys who practice in Juvenile Court often confuse the separate roles of a guaradd liteian m (GAL) and an attorneya d litem (AAL) under the Guardianship and Conservatorship statutes. In Juvenile Court, the GA tLh ie sspecial advocate for the juvenile. T.C.A. 37-1-149. There is even an exception for certain qualified non-lawyers to serve as the GAL in Juvenile Court. T.C.A. 37-1-149(b)(1). Under guardianship and consrsehirp vatsotatutes, the GAL is required to be an attorney. T.C.A. 34-1-107(c). However, the GAL i sa nno at dvocate for Respondent but has a duty to determine what is best for Respondents welfare. T.C.A. 34-1-107(d)(1). Those duties are clearly defined in T.C.A. 34-1-107 subsections (d) and (f). One ofdu ttihoses ies to recommend to the Court whether Respondent desires an AAL to be an advocate for Respondent. T.C.A. 34-1-107(f)(1)(B). Respondent has a right tsto t hcoe nditesability even if the GAL believes the appointment of a fiduciary is in Respondents best interest. T.C.A. 34-3-106. If so, the Court is rteoq appouired int an AAL. T.C.A. 34-3-106(5). The AAL is appointed under T.C.A. 34-1-125. In practice, the GALs and the AALs positions are probably goinfgli tcot; coe.gn., usually the GAL has the opinion that a fiduciary should be appointed; the AALs duty is to representbe an advocate forRespondents desirees tt tho coe antction. The AAL is not concerned with whether or not the appointment of a fiduciary is in respondents best interest. Filing pleadings on bpoehandelf an Rt sehs ould be conducted by an AAL, not a GAL.
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