"Whenever Justice Requires": Examining the Elusive Role of Guardian ad Litem for Adults with Diminished Capacity

Using several case studies, the author describes the possible difficulties in representing adult clients with diminished capacity, either as an attorney or as a guardian ad litem. Varying qualifications for a GAL, determination of when an appointment is proper, and guidelines for performance are discussed along with the different standards that may be employed for the decisions that are made.