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What is the Legal Role of a Guardian Ad Litem in Missouri?
The exact legal role of a Guardian Ad Litem (GAL) depends on the jurisdiction in which the GAL is appointed and on whether or not the GAL is an attorney. There are several quite different models for representation of children in court: (1) the Child's Attorney; (2) the Attorney/GAL; and (3) the Non-Attorney GAL.

The Child's Attorney. The ABA Guidelines for Representation of Children in Abuse/Neglect Cases suggest that an attorney appointed to represent a child should act as in any other attorney-client relationship, advocating only the child's wishes without making any independent judgment of the child's best interests. A child in Missouri may have an attorney in addition to a GAL, but Missouri statutes, case law, and GAL Standards make it quite clear that the GAL-child relationship in Missouri is not the same as an attorney-client relationship. (Note: In the original draft of the GAL Standards, it was suggested that when the GAL's recommendations were not in agreement with the child's wishes, the GAL should inform the Court so that the Court could consider appointing a separate attorney to advocate for the child's wishes. This was in Standard 3.0 in the committee draft, but was not included in the GAL Standards approved by the Missouri Supreme Court.) Since they are distinctly different from Guardians Ad Litem, attorneys appointed or otherwise serving as a Child's Attorney should not be subject to the GAL Standards. They should, however, pay special attention to Missouri Rules of Professional Conduct 1.14 (Client Under a Disability), 1.2 (Scope of Representation), 1.4 (Communication with Client), 1.6 (Confidentiality), and 3.7 (Lawyer as Witness). For further suggestions, see the ABA Guidelines.

The Attorney/GAL. Appointment of a Guardian Ad Litem is authorized by statute in dissolutions/modifications, paternity cases, adoptions, and certain cases involving allegations of abuse and/or neglect of a child. The Missouri Supreme Court Standards for Guardians Ad Litem clearly state that "a guardian ad litem, whether a lawyer or a volunteer, shall be guided by the best interests of the child and shall exercise independent judgment on behalf of the child in all matters." (Standard 2.0.) If you are a GAL in Missouri and you have not read the GAL Standards, you need to read them right now. These standards make it clear that the days of the Attorney/GAL acting as a "potted plant" at the counsel table are over.

The Non-Attorney GAL. Two Missouri statutes (210.160.5 and 452.423.5 RSMo) authorize appointment of non-attorney volunteers "to assist in the performance of the guardian ad litem duties for the court." This has been interpreted in some courts to allow the appointment of such non-attorney volunteers directly as GALs, and this is supported by Standard 1.0 of the Missouri Supreme Court Standards for Guardians Ad Litem, which expressly authorizes the appointment of CASA volunteers, sworn as officers of the Court, as GALs. When a non-attorney is appointed as GAL, the Non-Attorney GAL is subject to the same GAL Standards as Attorney/GALs. A Non-Attorney GAL should have access to the advice and assistance of an attorney when necessary. (See Standard 4.0, 210.160.6 RSMo.) For further legal issues concerning Non-Attorney GALs and CASAs, see below.

The Author's Opinion on the proper roles of GAL and CASA