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Old 06-21-2007, 03:19 PM
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Join Date: Jun 2007
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IL - Judgement Question


I applied to be my father's guardian last September. I was already his power of attorney, and he wanted me to be guardian if one was appointed. I had an older sister who disagreed, and challenged my petition. The Guardian Ad Litem thought the family fought each other too much and recommended a public guardian.

After a formal court hearing, the judge ruled that the public guardian was the best bet. The only ruling was that a public guardian be appointed. After the ruling, the Guardian AD Litem added items to the ruling. (The judge asked the Guardian Ad Litem to write the order.) My older sister, not one to trust me, asked her attorney to ask for the disbursement and receipts record which I kept as required. The Guardian Ad Litem added that to the order, even though the judge did not make it part of the ruling from the bench.

Does a Guardian Ad Litem really have the power to alter a ruling from the bench? I may lose my position at the university I work for if there is a hint of impropriety on my part.


Any advice? My attorney seems to be unwilling to answer my question, as if they are afraid to challenge.

Thanks!
  #2  
Old 06-21-2007, 03:24 PM
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Location: St. Odo of Cluny Parish
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Q: Does a Guardian Ad Litem really have the power to alter a ruling from the bench?

A: Judges rarely rule from the bench; what you describe is very common. The judge stated generally what the ruling was going to be and one of the lawyers was supposed to write it. If you object to any part of the ruling, you should appeal. Asking for the records sounds like an excellent idea to me but I do not see where anybody thinks you did anything wrong.

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