Before the hearing, the AAL interviews the proposed ward and reviews the application, medical certificates, and other pertinent information available concerning the capacity of the proposed ward. The AAL discusses with the proposed ward, if possible, the law and facts of the case, the proposed ward's legal options regarding disposition of the case, and the grounds on which the guardianship is sought. If appropriate, the AAL files a contest to the guardianship. The AAL assures that the proposed ward has been served with proper notice, interviews the family and doctors and guarantees that no conflict of interest exists between the proposed guardian and ward. The AAL represents the proposed incapacitated individual until the guardianship is granted, denied or the attorney is discharged by court order.
Certification is based on successful completion of a course of study.
His or her duty is not to offer legal advice but to advocate for the best interest of the incapacitated person in a manner that will enable the court to determine what action will be the least restrictive for the proposed ward. A GAL is not always appointed in guardianship proceedings and is only utilized when the court has reason to believe their services would be beneficial in determining the best interest of the proposed ward. These expenses may be paid out of the ward's estate if the judge creates a guardianship. In cases of a contested guardianship where no guardianship is created because the court finds the proposed ward has full capacity, the applicant may not be reimbursed by the proposed ward's estate for funds spent on costs and attorneys fees. In cases where the proposed ward is indigent, some or most of the court expenses may be paid out of the funds of the county in which the alleged incapacitated person resides.