Colorado Statutes and case law allow for the appointment of an attorney to represent the interests of a party in a domestic relations proceeding if the Court finds that the party:
- Is mentally impaired so as to be incapable of understanding the nature and significance of the proceeding;
- Is incapable of making critical decisions;
- Lacks the intellectual capacity to communicate with counsel; OR
- Is mentally or emotionally incapable of weighing the advice of counsel on the particular course to pursue in their own interest.
A Guardian ad litem (GAL) is instructed by the Court to familiarize themselves with issues pertaining to the client’s support, care, mental health, physical health, property, and general welfare, in order to make recommendations on behalf of the client’s best interests. GAL appointments may be paid by the State or by the parties. The attorneys of Radeff & Hart, P.C. are regularly appointed by the Courts to serve as Guardians ad litem in domestic cases.