ISBA Ethics Opinions on Guardians and Guardianship

Opinion 20-07 | Guardians and Guardianship | Impaired Client
Lawyer's obligations when client becomes impaired during the representation.

When a lawyer has been representing a client for several years in opposition to the court appointment of a guardian for the client’s estate, and the lawyer currently believes that the client is mentally incapacitated, the Rules do not mandate the lawyer’s continued prosecution of the client’s appeal attempting to reverse the trial court’s judgment appointing an estate guardian, in the manner of prosecution last discussed between the lawyer and the client when the lawyer believed the client had adequate capacity to make considered decisions.
Opinion 13-06 | Communication With Represented Person | Guardians and Guardianship
Obligation of lawyer acting as a Guardian ad litem in adoption proceeding to contact petitioners' counsel prior to interviewing petitioners or minors at issue

A lawyer, serving as a guardian ad litem of minors in an adoption proceeding, must obtain the consent of the lawyer for the petitioning parties before interviewing the petitioners and likewise must obtain consent before contacting the petitioners to request an interview with the minors.
Opinion 95-03 | Advertising and Solicitation | Conflict of Interest | Guardians and Guardianship
Court appointed guardian ad litem for minor may represent that minor in personal injury litigation arising out of matter in which attorney acted as guardian ad litem

A lawyer acting as a guardian ad litem has a duty to act in the best interests of the ward and to avoid any conflict of interest that may arise from representing the ward in subsequent litigation arising from his role as a guardian ad litem.
Opinion 91-24 | Confidentiality | Court Obligations | Guardians and Guardianship
Duty to disclose theft of estate assets by guardian

Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

Back to Ethics Opinions by Subject