Tag: Code of Civil Procedure Section 372

You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem

California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it does not speak to their removal. A recently published opinion, Chui v. Chui (2022) ___Cal. App. 5th ___ (“Chui II”) attempts, in … Continue Reading

Legislature Updates California’s Guardian Ad Litem Appointment Statutes

California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults.  For background, see our prior post. Senate Bill 1279, effective January 1, 2023, clarifies and improves the rules governing the selection of guardians ad litem, … Continue Reading

Who Protects the Interests of Children in Trust Disputes?

California trust disputes often involve the interests of parents and their minor children.  Sometimes those interests conflict.  When disputes are settled, who looks out for the interests of children under 18 years of age?  Who checks that no child is left behind? Probate judges, as explained in a prior post, may appoint a guardian ad … Continue Reading

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets.  But many disputes, or at least potential disagreements, involve people who can’t fend for themselves, such as mentally incapacitated adults, children, or … Continue Reading
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