Who Protects The Incapacitated Person?
The Court appoints an attorney to be the Guardian ad litem. It is the Guardian ad litem’s job to protect the interests of the incapacitated person, and to make an independent investigation of the facts in the petition for the Court. The Guardian ad litem will visit the incapacitated person and advise him of his rights. If the Guardian ad litem believes that the incapacitated person needs his own attorney, he will recommend that the court appoint one. The Guardian ad litem may talk to family members, medical personnel and other caregivers. Once the Guardian ad litem has completed his investigation, he will file a report with the Court.
