Can a Judge select and appoint a pro bono guardian ad liltem?
Full Question:
Answer:
A guardian ad litem is a guardian appointed by a court to protect the interests of a minor or incompetent in a particular matter. State law and local court rules govern the appointment of guardian ad litems. Generally, a court may appoint either a lawyer or a court-appointed special advocate volunteer to serve as guardian ad litem in probate matters. In a contested guardianship proceeding, a court may appoint a disinterested third party as a guardian ad litem to investigate and make recommendations based on the evaluation of both the necessity for a guardianship, and the appropriateness of the proposed guardian. Guardian ad litems are also appointed to manage the business and personal affairs of elderly persons who are no longer able to handle such matters.
The following are Illinois statutes:
When an heir or legatee of a testator is a minor or disabled person who
is entitled to notice under Section 6-10 at the time an order is entered
admitting or denying admission of a will to probate or who is entitled
to notice under Section 6-20 or 6-21 of the hearing on the petition to
admit the will, the court may appoint a guardian ad litem to protect the
interests of the ward with respect to the admission or denial, or to
represent the ward at the hearing, if the court finds that
(a) the
interests of the ward are not adequately represented by a personal
fiduciary acting or designated to act pursuant to Section 28-3 or by
another party having a substantially identical interest in the
proceedings and the ward is not represented by a guardian of his estate
and
(b) the appointment of a guardian ad litem is necessary to protect
the ward's interests. 755 ILCS 5/6-12
Upon the filing of a petition pursuant to Section 11a-8, the court shall
set a date and place for hearing to take place within 30 days. The court
shall appoint a guardian ad litem to report to the court concerning the
respondent's best interests consistent with the provisions of this
Section, except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably informed
decision on
the petition. If the guardian ad litem is not a licensed attorney, he or
she shall be qualified, by training or experience, to work with or
advocate for the developmentally disabled, mentally ill, physically
disabled, the elderly, or persons disabled because of mental
deterioration, depending on the type of disability that is alleged in
the
petition. The court may allow the guardian ad litem reasonable
compensation. The guardian ad litem may consult with a person who by
training or experience is qualified to work with persons with a
developmental disability, persons with mental illness, or physically
disabled persons, or persons disabled because of mental deterioration,
depending on the type of disability that is alleged. The guardian ad
litem shall personally observe the respondent prior to the hearing and
shall inform him orally and in writing of the contents of the petition
and of his rights under Section 11a-11. The guardian ad litem shall also
attempt to elicit the respondent's position concerning the adjudication
of disability, the proposed guardian, a proposed change in residential
placement, changes in care that might result from the guardianship, and
other areas of inquiry deemed appropriate by the court. At or before the
hearing, the guardian ad litem shall file a written report detailing his
or her observations of the respondent, the responses of the respondent
to any of the inquires detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the guardian ad litem
consulted concerning the appropriateness of guardianship, and any other
material issue discovered by the guardian ad litem. The guardian ad
litem shall appear at the hearing and testify as to any issues presented
in his or her report. 755 ILCS 5/11a-10
In any proceeding for the appointment of a standby guardian or a
guardian, the court may appoint a guardian ad litem to represent the
disabled person in the proceeding. 755 ILCS 5/11a-10.2
A guardian ad litem or special administrator is entitled to such
reasonable compensation as may be fixed by the court to be taxed as
costs in the proceedings and paid in due course of administration. 755
ILCS 5/27-4