Articles related to guardian ad litem

Meet Mike. Following a recent stroke, Mike is allegedly no longer able to make and communicate important decisions about himself, his family, or his property. Mike’s wife has filed a […]

When an incompetency proceeding is filed pursuant to Chapter 35A of the North Carolina General Statutes (“Ch. 35A”) alleging that an adult is incompetent, that adult—known as the respondent in […]

In abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) proceedings, the child who is the subject of the action is a party. G.S. 7B-401.1(f); -601; -1104. In most actions, the child is represented by a guardian ad litem (GAL). See G.S. 7B-601; -1108(b)–(c). This post provides an overview of the rights and duties of the child’s GAL, which are addressed in statute and case law.

Recently, the North Carolina Court of Appeals rendered a decision in In re A.K., __ N.C. App. __ (August 6, 2024), which touches on multiple issues relevant to juvenile abuse, neglect, dependency (AND) practitioners. (I blogged about one of those issues – a parent’s right to be represented by a retained attorney of their choosing, regardless of the attorney’s AND experience – here. My colleague Sara DePasquale published a blog about another issue: considering a family’s culture, including religion and language, in an AND proceeding.) This post will explore a third issue raised in the opinion: the appointment of a Rule 17 guardian ad litem (GAL) to an incompetent respondent parent.

In North Carolina, when an adult is adjudicated incompetent and guardianship is ordered, guardianship is permanent until the first of these two developments occur: (i) the ward’s competency is restored, […]

Significant changes are on the way for individuals, legal practitioners, and public officials involved in North Carolina incompetency and adult guardianship proceedings. The recently enacted Session Law 2023-124 mandates the […]

  On September 20, 2023, Senate Bill 615 became Session Law 2023-124, enacting a significant number of changes to North Carolina’s existing incompetency and guardianship laws. The changes modified the […]

Recently, the School of Government hosted its biennial Guardianship Proceedings for Appointed Counsel program, co-sponsored by the Office of Indigent Defense Services. The program brings together attorneys who serve as guardians ad litem (GALs) in incompetency and guardianship proceedings – a unique role in our judicial system if ever there was one.

During the program, we discussed the reality that in every proceeding, assumptions get made—by the parties, doctors, social workers, clerks, and GALs themselves—and we brainstormed how GALs can turn those moments into opportunities for more effective representation. I thought it could be useful to share some of the ideas discussed by the group and to welcome folks who were not in attendance to reach out and share their own ideas.

Over the past few years, faculty and staff at the School of Government collaborated with public officials across the state to develop resources and tools related to the growth and […]

This post was updated on September 6, 2022 in response to helpful reader feedback regarding the nuances that exist when determining whether there is a conflict of interest for a […]