Representation of Incapacitated Persons as a Guardian Ad Litem – Qualifying Course

A pre-recorded streaming VIDEO replay from the November 2023 webcast seminar, Representation of Incapacitated Persons as a Guardian Ad Litem—2023 Qualifying Course.

This is the training course you MUST take to qualify as a GAL for Incapacitated Persons in Virginia.

To be appointed as a guardian ad litem for an incapacitated person in Virginia, members of the bar must meet the standards set forth by the Judicial Council of Virginia. This six-hour course meets the training requirement under these standards. All attorneys who wish to qualify for court appointment as GALs for incapacitated persons in Virginia must take this course.

In proceedings where a guardian or conservator is sought for an allegedly incapacitated person, the circuit court appoints a guardian ad litem (GAL). This course qualifies you to accept those appointments.

This course provides procedural and practical information for litigators, trust and estate lawyers, and elder law practitioners involved in proceedings with GALs appointed to represent incapacitated persons.

The course teaches you the basics, including:

• What starts the whole process?
• How is a GAL appointed?
• What are your duties as a GAL?
• What community resources are there to assist you?
• How do you determine if a guardian or conservator is needed?
• Are there alternatives to the appointment of a guardian/conservator?
• What are the duties of the guardian and conservator?
• What ethical rules apply to you as a GAL?

For more information on becoming a GAL for incapacitated persons in Virginia, please contact the Office of the Executive Secretary, Supreme Court of Virginia, 100 North Ninth Street, Third Floor, Richmond, VA 23219 (804-786-6455) or visit this website: http://www.courts.state.va.us.

Appointment Process
Neal Walters

• Definitions
• Evaluation report
• Petition
• Notice
• Appointment of the Guardian Ad Litem
• Hearing
• Order

Role of the Guardian Ad Litem for Adults and of Counsel for Respondent
Jean Galloway Ball, Kimberley Ann Murphy

• Duties of the GAL
• GAL report
• Respondent’s right to counsel
• Role of counsel
• GAL as mediator
• Determining real issues in controversy
• GAL’s role in drafting the orders

Requirements to Become a Guardian Ad Litem for Incapacitated Adults
Beth M. Coyne

• Initial qualification and training
• Recurrent training

Adult Guardianship Alternatives
Neal Walters

• Power of attorney
• Living trust
• Joint accounts
• Advance directive
• Civil commitment

Aging, Disability, and Community Resources
Angela Morehouse

• Dynamics of incapacity
• Communication
• Cultural awareness
• Medical terminology
• Reading medical reports
• Medicaid/Medicare
• Local and state agencies
• Public guardianship

Role of the Guardian/Role of the Conservator
Beth A. Norton

• Qualification
• Duties and powers
• Annual reports
• Revocation or modification of appointment

Ethical Considerations: Representing the Impaired Client
Frank A. Thomas, III

Many issues arise that deserve special consideration, including:

• The ethics rules indicate that the lawyer may be obligated to make decisions for the impaired client. Under what circumstances does this occur? Which decisions are appropriate?
• A client is presumed to be competent. How will you know when the client is incompetent?
• To whom may a lawyer disclose client confidences and when?

The lawyer’s role in the guardianship proceedings