To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

In the case of In re Abigail F., a guardian ad litem (GAL) appointed for a mother requested that the court determine and set forth the extent of the GAL's authority to make decisions on behalf of the mother concerning issues in the upcoming trial.

The court noted that the GAL's request implicated not only the duties and the responsibilities of the GAL for the mother but also the duties and responsibilities of the mother's counsel to her. Distinct, independent roles are played by an attorney and an independent guardian ad litem when a ward wishes an outcome for pending litigation that is inconsistent with her best interests. In part, this is because the ward's attorney has duties shaped by the Connecticut Rules of Professional Conduct which, in pertinent part, obligate counsel to abide by a client's decisions concerning the objectives of representation. Although the mother had been determined to be incompetent in the context of the pending case, at the time the court did not require the GAL to make all decisions relating to the presentation of the mother's pending legal claims, nor was the mother's attorney required to advocate the mother's position based on the GAL's determination of the mother's best interest, instead of what the mother sought. Thus, assuming that there was in the case a functioning attorney-client relationship between the attorney and the mother under the Connecticut code of professional conduct, the GAL for the mother was not to act with respect to either person in any way that interfered with such relationship. However, if the attorney believed, at any time, that the attorney-client relationship was not working or able to continue, because of the disability of the mother or otherwise, then the court could determine whether the role of the GAL concerning the attorney was to be expanded in the best interests of the mother.

The court determined that the guardian ad litem was to independently investigate the mother's past history, present status, and future potential related to the issues to be determined at the upcoming trial. The guardian ad litem was also to communicate and discuss with counsel, including but not limited to the mother's counsel, the guardian's view of the mother's best interest.

If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Source: In re Abigail F., 2006 Conn. Super. LEXIS 1117 (Conn. Super. Ct. Apr. 18, 2006)