• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Career Opportunities
    • Meet Our Team
    • News and Events
    • Seniors Rock Radio
  • Estate Planning
    • Elder Law & Medicaid Planning
    • Estate Planning Services
    • Estate and Gift Tax Figures
    • Family Farm Succession Planning
    • Family-Owned Businesses & Farms
    • IRA Planning
      • Planning With An IRA
      • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law Resources
      • Elder Law Reports
    • Guardianship & Conservatorship
    • Hospice Care
    • Veteran’s Benefits
  • Resources
    • Definitions
    • FREE Estate Planning Worksheet
    • FREE Webinars
    • Estate Administration Legal Guide
    • Estate Planning Articles
      • Questions for Your Estate Planning Attorney Before Creating Your First Estate Plan
      • How to Create Your First Estate Plan in 2022
      • How to Choose a Guardian for Your Child
      • Address These Three Questions in Your First Estate Plan
    • Estate and Gift Tax Figures
    • Frequently Asked Questions
      • Adult Guardianship
      • Alzheimer’s Care
      • Custodial Accounts for Minors
      • Estate Planning
      • FAQs for Families Without an Estate Plan
      • Elder Law
      • IRA & Retirement Planning
      • Is Your Estate Plan Outdated?
      • Legacy Planning
      • LGBTQ Estate Planning
      • Medicare and Social Security
      • Probate
      • Probate Avoidance
      • Irrevocable Trusts
      • Trust Administration
      • Trusts
      • Veterans’ Benefits
      • Wills
    • Newsletters
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • Medicaid Planning
    • Medicaid Planning
    • Emergency Medicaid & Nursing Home Planning
    • Medicaid Frequently Asked Questions
    • Medicaid Resources
  • Blog
  • Contact Us

Law Office of Michael Robinson, P.C.

Estate Planning Services in Rochester, New York and the Finger Lakes Area

Connect With Us Today

(585) 374-5210
Law Pay Button
Attend a Free Webinar
Home » Probate » Commonly Asked Questions About Probate and the Guardian ad Litem

Commonly Asked Questions About Probate and the Guardian ad Litem

December 4, 2013Probate

Not all probate cases in New York involve the estate of someone who has died. Some probate cases, generally referred to as “living probate,” involve incapacitated people who are unable to care for themselves or their affairs. In such cases, it isn’t uncommon for a Surrogate’s Court—the New York version of a probate court—to appoint a guardian ad litem. In probate cases, the guardian ad litem serves a very specific purpose. Here are several questions about guardians ad litem in probate proceedings in the state of New York.

What is a guardian ad litem?

A guardian ad litem is someone who has the responsibility to represent the interests of an incapacitated person, or a person who is under the age of 18. Guardians ad litem, or GALs, only serve for a limited time. In probate cases where the Surrogate’s Court is trying to determine who should manage the responsibilities of an incapacitated person, the GAL serves only as long as the probate proceeding lasts. (The Latin term “ad litem” means “for the purposes of the suit.”) The guardian ad litem is a short-term guardian who has a very specific responsibility when the Surrogate’s Court hears an adult guardianship case.

Who appoints the Guardian ad litem in probate cases?

The Surrogate’s Court appoints a guardian ad litem. Guardians ad litem are officers of the court. In New York, all guardians ad litem must be attorneys admitted to practice law in the state.

Can I appoint my own guardian ad litem?

Possibly.  In some situations, a person who is at least 14 years old, or a child’s parent or guardian, can nominate a person to serve in the role of guardian ad litem. However, anyone nominated must be approved by the probate court before he or she can serve.

What’s the difference between the guardian ad litem and a legal guardian?

The two serve somewhat similar purposes, but there are significant differences.  A guardian ad litem has the responsibility to represent an incapacitated person’s interests in the probate proceeding.  A guardian, on the other hand, is responsible for managing an incapacitated person’s affairs on a daily basis.

For example, let’s say your elderly mother is suffering from Alzheimer’s disease. You file a petition with the Court asking it to name you as your mother’s guardian. Before the court names a guardian, it will hold a hearing. It might also appoint a guardian ad litem who will represent your mother’s interests during that hearing. Once the hearing is concluded and the court has selected the guardian, the guardian ad litem’s duties are over, and the guardian’s duties begin.

  • Author
  • Recent Posts
Michael Robinson, Estate Planning Attorney
Michael Robinson, Estate Planning Attorney
Clients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors.
Michael Robinson, Estate Planning Attorney
Latest posts by Michael Robinson, Estate Planning Attorney (see all)
  • How Estate Planning for a Family May Trap the Unwary Practitioner - August 31, 2022
  • State Income Taxation of Social Security Benefits - August 24, 2022
  • Understanding Tax Apportionment Clauses - August 17, 2022

Other Articles You May Find Useful

probate
Can Probate Be Avoided?
probate
What Is the Cost of Probate?
probate
How Can You Avoid Probate?
avoiding probate
Is Avoiding Probate Possible if You Have Assets to Pass On?
probate
Answers to Three Questions About Probate
probate when a spouse dies
Is Probate Necessary When a Spouse Dies?

Primary Sidebar

Law Office of Michael Robinson, P.C.

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

TESTIMONIALS

News & Events

Seniors Rock Radio Show Recording 5-1-21

https://drive.google.com/file/d/1U7UkQbEGy-xY7XFAXvX9Qz7pKSVDVV3D/view?usp=drive_web   Author Recent Posts Michael Robinson, Estate Planning AttorneyClients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors. Latest posts by Michael Robinson, Estate Planning Attorney (see all) How Estate Planning for a Family May Trap the Unwary Practitioner -... Read more →

Pittsford Office

1163 Pittsford-Victor Road, Suite 120 (Powder Mill Office Park)
Pittsford, NY 14534-3817
Phone: (585) 374-5210
Fax: (585) 485-0394

See Larger Map Get Directions

Map

mrobinson_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
robinson law logo

The Law Office of Michael Robinson, P.C.

Attorney Advertisement


© 2023 American Academy of Estate Planning Attorneys, Inc.