Guardian Ad Litem

A Guardian Ad Litem is a person appointed by the court, usually to help determine whether or not a guardian or conservator is necessary and to determine what is in the best interests of the prospective ward. Once the probate court rules on the evidence, a long-term conservator or guardian is appointed if warranted.

The term “ad litem” is Latin. It means “for the suit.” As noted above, guardian ad litems are temporary guardians appointed while the courts evaluate the evidence.

Typically, once the probate court appoints a guardian ad litem; soon after a permanent guardian and / or conservator is appointed.

Public Guardian

Public guardians are usually people designated by the probate court or a state agency to serve the needs of seniors and disabled adults when no one else is available or qualified to do so.  In some jurisdictions a state or county agency and not an individual can be appointed guardian.

Public guardians normally have minimum training requirements, submit to a credit and criminal background check and have liability insurance. Frequently they are paid from the ward’s assets or income.

Representative Payee

This is a person or organization appointed by the Social Security Administration to accept benefits on behalf of a social security beneficiary and ensure that those benefits are used to care for that beneficiary.  The representative payee must deposit the social security checks in a checking or savings account (not a joint account) and use the money to pay for the disabled person’s: housing, food, clothing, utilities, medical and dental expenses, and personal care items.

What Happens if the Ward Runs Out of Assets?

The guardian or conservator is never obligated to meet the senior’s financial needs out of pocket. If there are no more assets, the ward becomes a ward of the state.

What Happens When the Guardian or Conservator Steals?

Guardians and conservators are legally bound to act in the best interest of the elder or disabled person. Stealing is a crime and a breach of fiduciary duty. The guardian can be criminally prosecuted. On the civil side, he or she can be removed and sued for damages.

Courts have wide latitude to correcting these heinous actions. In addition to monetary damages, courts can sometimes order a trust over the stolen assets. That means that even if the guardian is no longer holding the property, you can petition the court for a constructive trust on the illegal proceeds.

Despite the ability to sometimes get a protective trust, time is not on your side. The quicker you call, the sooner someone can act. Even though the subsequent conservator in the Andy Rooney case was able to win a multi million settlement form Rooney’s stepson and stepson’s wife, they were bankrupt. The money was spent.