WHEELOCK LAW OFFICE

 

 

 

What is a Guardian ad Litem?

 

A guardian ad litem in New Hampshire is an advocate appointed by a judge to represent the best interests of an individual (usually a child or incompetent adult) in any legal proceeding where a court deems it necessary to appoint such a person. The term "ad litem" means "for the purposes of the proceeding" and the nature of a GAL's activity varies from case to case. Generally a GAL performs those functions deemed necessary under the terms of a particular court's appointment.

 

The appointment might, for example, include a requirement that a GAL make recommendations to the court about what is in the best interests of a child. In family cases, a guardian ad litem (GAL) is frequently appointed when parents cannot agree on a parenting plan for their children. Typically the judge or marital master issues an order appointing a particular GAL to investigate specific issues that are in dispute. The court order will designate how much each party is required to pay the GAL unless the parties are indigent. The GAL conducts an investigation which may include interviewing the parents, the children and other persons who may have information relevant to the issues involved. In most cases the GAL prepares a written report which includes a recommended resolution of custody and visitation issues that, in the GAL's estimation, is in the best interest of the children. The judge or marital master makes the final determination after considering the GAL's recommendation along with all of the other evidence presented in the case. In the Probate Court,  the GAL typically investigates and reports to the Court recommendations relative to guardianships of incapacitated persons, guardianships of minors and termination of parental rights.

A GAL is not appointed to serve as a person's overall attorney for all purposes and not all GALs are lawyers. Similarly a GAL is not a general "guardian" appointed to handle the affairs of another.  A "Certified guardian ad litem" means any person who has completed the New Hampshire guardian ad litem training program and who has been approved by the New Hampshire Guardian Ad Litem Board. "Certification" means going through the process that includes, among other things, an application, a screening process, training and approval by the Board.

An attorney who is appointed as a guardian ad litem provides independent advice to the Court (as compared to the attorneys advocating for one side or the other in the action) to bring balance to the decision-making process. The GAL reports to the court and may participate in court hearings or mediation sessions. The New Hampshire Guardian Ad Litem Board administers, maintains and distributes lists of individuals who are qualified guardians ad litem. There are two separate programs: one for children through the District, Superior and Family Division Courts and one for incapacitated persons (adults) through the probate court.  Attorney Wheelock is Board certfied in the Probate, District and Superior Courts and is qualified for appointment and currently serving in ALL Family Division and Probate case types.

For children, New Hampshire statutes provides that in all proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities, the court may appoint a guardian ad litem to represent the interests of the children of the parties, upon its own motion or motion of any party. RSA 461-A: 16.  When termination of the parent-child relationship is sought under RSA 170-C:5, IV, the court is required appoint a guardian ad litem for the alleged incompetent parent and to represent the interests of the child in all termination hearings. The court is also required to appoint a guardian ad litem or Court Appointed Special Advocate (CASA) guardian ad litem for the child, in all cases involving a neglected or abused child.  There are other circumstances under which a guardian ad litem may be appointed at the court’s discretion.

For the incapacitated person’s program, the New Hampshire statutes provide that when it appears to the court that the interest or rights of a legally incapacitated person are not fully represented or upon the request of any interested person, the court may appoint a competent and disinterested person to act as guardian ad litem for such legally incapacitated person and to represent such person's interest in the case.  RSA 464-A:41. 

 

Mr. Wheelock accepts guardian ad litem appointments in District Court, Family Division and Probate Court matters in Rockingham and Strafford County courts. Mr. Wheelock's guardian ad litem attorney fees in all such matters are either set and/or approved by the court.

Please feel free to call or e-mail us to discuss your case.