COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. RESPONDENT’S RIGHTS — GUARDIAN AD LITEM DUTIES1 : Calendar No. The guardian ad litem (“GAL”) owes a duty to the Court to impartially investigate facts and report them to : JUDICIAL is best for Respondent’s Plaintiff(s) the Court. He is not an advocate for Respondent but has a duty to determine what SUBPOENA welfare. [T.C.A. § 34-1-107(d)(1).] -against: If a conservator is for the person, investigate physical and mental capabilities of Respondent. : [T.C.A. § 34-1-107(d)(3).] : If a conservator is for the property, investigate: (i) nature and extent of Respondent’s property Defendant(s) : ...................................................... (ii) financial capabilities of proposed fiduciary (iii) Proposed Property Management Plan [T.C.A. § 34-1-107(d)(4).] THE PEOPLE OF THE STATE OF NEW YORK DISCUSS THE FOLLOWING WITH RESPONDENT: TO qVerify Respondent is notified or served. [T.C.A. § 34-1-107(d)(2)(A).] qConsult with Respondent as soon as possible. [T.C.A. § 34-1-107(d)(2)(B).] GREETINGS: qDetermine if the proposed fiduciary is appropriate person to be appointed. [T.C.A. § 34-1-107(d)(2)(D).] WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Court located at County of qSubstance,of petition [T.C.A. § 34-1-107(d)(2)(C)(i).]at in room on the day of , 20 , o'clock in the noon, and at any recessed or adjourned date, proceedings give evidence as a witness in this action on the part of the to testify and [T.C.A. § 34-1-107(d)(2)(C)(ii).] qNature of qExplain the following to Respondent: [T.C.A. § 34-1-107(d)(2)(C).] the Honorable at the qRespondent’s right to protest petition [T.C.A. § 34-1-107(d)(2)(C)(iii).] Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to qIdentity of proposed fiduciary [T.C.A. § 34-1-107(d)(2)(C)(iv).] the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result ofRespondent’s rights as set forth in T.C.A. § 34-3-106 [T.C.A. § 34-1-107(d)(2)(C)(v).] q your failure to comply. qDemand a hearing on issue of disability [T.C.A. § 34-3-106(1).] the Justices of the Witness, Honorable , one of Court in County, day of , 20 qPresent evidence and confront and cross examine witnesses [T.C.A. § 34-3-106(2).] qAppeal the final decision on the petition qAttend any hearing [T.C.A. § 34-3-106(4).] qHave an attorney ad litem appointed [T.C.A. § 34-3-106(3).] (Attorney must sign above and type name below) [T.C.A. § 34-3-106(5).] Attorney(s) for [Form 021, Rev. 2002.05.01] Office and P.O. Address 1 Attorneys who practice in Juvenile Court often confuse the separate roles of a guardian ad litem (“GAL”) and an attorney ad litem (“AAL”) under the Guardianship and Conservatorship statutes. In Juvenile Court, the GAL is the special advocate for the juvenile. T.C.A. § 37-1-149. There is even an exception for certain qualified non-lawyers to serve as the GAL in Juvenile Court. T.C.A. § 37-1-149(b)(1). Under guardianship and conservatorship statutes, the GAL is required to be an attorney. T.C.A. § 34-1-107(c). However, the GAL “is not an advocate for Respondent but has a duty to determine what is best for Respondent’s welfare. T.C.A. § 34-1-107(d)(1). Those duties are clearly defined in T.C.A. § 34-1-107 subsections (d) and (f). One of those duties is to recommend to the Court Telephone No.: whether Respondent desires an AAL to be an advocate for Respondent. T.C.A. § 34-1-107(f)(1)(B). Respondent has a right to contest the disability even if the Facsimile No.: GAL believes the appointment of a fiduciary is in Respondent’s best interest. T.C.A. § 34-3-106. If so, the Court is required to appoint an AAL. T.C.A. § 34-3106(5). The AAL is appointed under T.C.A. § 34-1-125. In practice, the GAL’s and the AAL’s positions are probably going to conflict; e.g., usually the GAL has E-Mail Address: the opinion that a fiduciary should be appointed; the AAL’s duty is to represent—be an advocate for—Respondent’s desire to contest the action. The AAL is not Mobile Tel. No.: concerned with whether or not the appointment of a fiduciary is in respondent’s best interest. Filing pleadings on behalf a Respondent should be conducted by an AAL, not a GAL. American LegalNet, Inc. www.USCourtForms.com