What is the Role of a Guardian Ad Litem?

What is the Role of a Guardian Ad Litem?

by | Aug 28, 2017 | Alabama, Children, Custody, Divorce, Family Law, Legal Advice, Significant Decisions, Visitation

A Guardian ad Litem’s job is to represent the best interests of the child in any given case, and the Guardian Ad Litem does not represent either of the parents. As such, the Guardian Ad Litem cannot give parents legal advice. Parents must turn to their own lawyers when they need legal advice. If the parents need assistance in presenting evidence, gathering witnesses, etc to advocate for their own position in a case, that is a job for their own attorneys as well, and not the Guardian Ad Litem.

Although the Guardian Ad Litem can make recommendations to the court about custody and visitation in those types of cases, the GAL does not “rule” or make the final decision. Ultimately, only the Court can make the final decision on a case. Of further note is that the Guardian Ad Litem is forbidden from having ex parte communications with the Court. An example of an ex parte communication would be if the GAL had a private conversation with the judge about the case outside of the presence of the attorneys for the parties. As such, the GALs recommendation typically takes the form of a written report that is filed with the Court and thus made simultaneously available to all parties. Some judges do not request recommendations from the GALs and merely expect them to advocate for the child as any other attorney.

In some cases, a GAL may be appointed for a parent or spouse because that person is a minor themselves or is otherwise incapacitated due to mental or physical illness or disabililty. The GAL’s job remains to advocate for the best interests of their client.

Outside of custody and divorce cases, a GAL can be appointed for a minor or incapacitated person in all types of civil lawsuits and their specific role may differ.

Powers of Attorney vs. Health Care Directives

Powers of Attorney vs. Health Care Directives

by | Jul 12, 2017 | Family Law, Finances, Legal Advice, Mobile, Significant Decisions

Powers of Attorney vs. Health Care Directives

Many people are unfamiliar with the legal distinctions between powers of attorney, health care directives, and guardianships/conservatorships.

Power of Attorney

A Power of Attorney is a legal document giving authority to another person to act for you in either specified or all legal and financial matters. The person giving power of attorney must presently have the capacity to do so. That is, they must understand what they are doing and be able to make important decisions. If you are concerned that you may become incapacitated for health or another reason (for example, unavailable due to being out of the country), it is a good idea to give power of attorney to someone that you trust. Note: This person will have the authority to conduct legal or financial transactions as if they are you, with no further notice to or permission from you, so be very careful when granting someone your power of attorney.

Health Care Directive

A Health Care Directive, also known as a living will, personal directive, advance directive, or medical directive is a legal document specifying what actions should be taken for a person’s health if they no longer can make decisions for themselves due to illness or incapacity. In your health care directive, you make decisions about whether you would want to be kept alive by artificial means if you are terminally ill or permanently incapacitated, or whether to allow other treatment which would keep you alive but which could not cure you. You can also designate someone to make those decisions for you if you are unable to do so.

Guardianship/Conservatorship

A Guardianship or Conservatorship is granted only in instances in which an individual is already mentally or physically incapacitated and cannot take care of himself or manage his affairs. There must be medical evidence in support of same presented for the Court to order a Guardianship or Conservatorship. A Guardianship applies to matters affecting the person, and Conservatorship strictly applies to their assets and financial affairs.

Please contact Herlihy Family Law if we can assist you or your family with a Power of Attorney, Health Care Directive, or Guardianship/Conservatorship.

4 steps to better managing your stress during divorce

4 steps to better managing your stress during divorce

by | May 25, 2017 | Divorce, Family Law, Mobile

4 steps to better managing your stress during divorce

Top 4 Tips for Managing Stress During Divorce

Stress is a serious factor in modern life. Stress is particularly prevalent during a divorce, which is said to be the most stressful and traumatic event that anyone can experience, second only to the death of a loved one. Stress can harm your immune system, cause weight gain, and even interfere with your cognitive functioning.

Some tips for managing stress:

  • Exercise has tremendous physical, mental and emotional benefits which cannot be overstated. Yoga is particularly effective in helping cope with stress, as numerous studies have shown that yoga can decrease depression, reduce the levels of the cortisol (stress) hormone in your body and increase gray matter in your brain.
  • Sleep is key to stress management. Losing even one hour of sleep each night can cause mental and physical impairment, which means you cannot make good decisions during this tough time in your life. Practice good sleep hygiene by making sure you have a dark and cool room, avoid electronics before bed and sleep and wake around the same time every day.
  • Maintain a balanced diet, rich in fruits and vegetables, unprocessed whole grains and high-quality proteins. Certain vitamins and minerals are essential to regulating the levels of cortisol and adrenalin in the body.
  • Avoid potentially harmful habits in dealing with stress. Remember that what we use to make us feel better should not make us feel worse. That means, when you are stressed, do not turn to a bottle of wine, a bag of chips or a pint of ice cream. Engage in a healthy activity instead, like taking a walk, meditating, or practicing a relaxing hobby that you enjoy.
4 Tips for Communicating with a High Conflict Person

4 Tips for Communicating with a High Conflict Person

by | Apr 21, 2017 | Alabama, Divorce, Family, Legal Advice

4 Tips for Communicating with a High Conflict Person

First of all, what is a high conflict person (HCP)? This term often refers to individuals who have diagnosable personality disorders, but divorce and custody litigation are times of high stress that can lead even healthy individuals to be on their worst behavior. HCP is characterized by a pattern of behaviors that serve to increase conflict rather than resolve it. Examples of these behaviors are:

  • All or nothing thinking
  • Unmanaged emotions
  • Extreme behaviors
  • Blaming others

(Source: Billy Eddy, LSCW, JD, www.highconflictinstitute.com)

As a family law attorney with Herlihy Family Law, I frequently have clients who are struggling to communicate with a high conflict person. Some tips I give my clients are:

  1. Don’t try to convince them they are wrong or are being unfair.

    Logic does not work with someone who is embroiled in irrational thinking.

  2. Abandon the goal of “winning” an argument with them.

    HCPs like to argue so continuing to fight will only ensure that you remain trapped in a power struggle with them.

  3. Focus on the ultimate goal.

    If your goal is to coach Susie’s soccer team and they bring up that time you did something they did not like ten years ago, do not respond. Instead, re-direct the conversation back to the topic at hand.

  4. Keep your communication professional.

    Remember, your romantic relationship with this person is over, so it is not helpful to you to approach them on those terms. Remain calm and business-like. If necessary, restrict your communication with the HCP to written-only methods, such as email.