Guardian Ad Litem for incompetent adult?

Question

Hello,
I need to find a Guardian Ad Litem for an adult that has severe dementia. However the adult has not been legally deemed incompetent. How should I do this? Would I only need a M.D.'s letter stating he is incompetent?
I'm in California.

Answer 1

One of the problems at this site is that people give you names of agencies which may be correct where they live, but do not exist in the jurisdiction of the person asking the question.

In California, conservatorships and guardianships are the province of the Public Guardian, which is a County agency. They can give you advise on how to deal with this. Basically, what will be required is the filing of a petition in court to appoint a conservator (either of the estate (his money) or of the person, or both). That can be a family member, an attorney who does this sort of work, or the Public Guardian. Temporary orders can be made fairly quickly pending a final order.

If you put "Public Guardian" and the name of your county into a Google search, you will get the contact information for the agency.

Answer 2

Normally, when concerning a Guardian Ad Litem, this is an issue where the judge directs such representation.

If your legal issue is one that the judge does not recognize the adult with dementia...my suggestion is that you DO contact a medical expert who can provide the court with a medical determination acceptable to the court!

As far as a "list" of "Guardian Ad Litem" available in California....the Guardian Ad Litem is just the term used to appoint an attorney to represent the interests of the represented only....therefore...a family law attorney would be your best bet!

Best wishes!

Answer 3

Try your local counsel on ageing or your local Adult Protective Services office. They should be able to get you to the right people to help.

Answer 4

Contact the division of aging for your state.