03-21-2005, 05:22 PM
I'm not going to go into the reasons why the failure to appoint a guardian ad litem is wrong in any detail. However, can you imagine that a judge is going to take the time to go to the facility, speak to caregivers, family, doctors, experts and others in forming its opinion? No way, they'll hear testimony in court and make a decision.
A guardian ad litem is appointed to advocate for those who cannot advocate for themselves, such as children in custody cases. It is a clear conflict of interest for the judge, any judge, to state that they are acting in place of a guardian ad litem, because they are the trier of fact and the trier of law. There is no one to say to the judge, "Hey, you are wrong, and in the best interests of my ward, I'm going to appeal your decision."
As to my original point, an independent, third-party, could and perhaps should intervene in an effort to seek to gain guardianship over this broad. In fact, her parents should have been the Petitioners in this type of proceeding long ago.
If the facts are all in that fucking link you posted, I'm sorry. But, I'm not reading it, because you keep disagreeing with me!!!
A guardian ad litem is appointed to advocate for those who cannot advocate for themselves, such as children in custody cases. It is a clear conflict of interest for the judge, any judge, to state that they are acting in place of a guardian ad litem, because they are the trier of fact and the trier of law. There is no one to say to the judge, "Hey, you are wrong, and in the best interests of my ward, I'm going to appeal your decision."
As to my original point, an independent, third-party, could and perhaps should intervene in an effort to seek to gain guardianship over this broad. In fact, her parents should have been the Petitioners in this type of proceeding long ago.
If the facts are all in that fucking link you posted, I'm sorry. But, I'm not reading it, because you keep disagreeing with me!!!
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