Why Appointing an Independent Advocate Helps People with Dementia in Legal Matters

When someone is living with dementia, things can get very confusing—not just for them, but also for their family. Dementia doesn’t just affect memory. It changes how a person thinks, understands, and makes decisions. This can become a big issue when there are legal matters involved—like selling a house, making a will, or deciding on healthcare. These are serious decisions that need a clear mind. But what happens when someone’s mind isn’t clear anymore?

One way to make sure the process is fair is by appointing an independent advocate or a guardian ad litem. Their job is to speak up for the person with dementia, make sure no one takes advantage of them, and help the court understand what’s best for that person.

What Is an Independent Advocate?

An independent advocate is someone who helps people speak up when they can’t do it for themselves. In the case of dementia, a person might forget what they want, get confused easily, or not understand what’s being said in court. The advocate doesn’t take sides. They don’t work for the family, and they’re not working for the court either. Their only job is to make sure the person with dementia is treated fairly.

Think of it like this: if you were in a courtroom but couldn’t speak or understand anything, wouldn’t you want someone standing there whose only job is to make sure your side of the story is told? That’s what the advocate does.

Advocates talk to the person with dementia, try to understand their wishes, and explain these to the court. They also make sure the person’s rights are not being ignored.

What Is a Guardian ad Litem?

A guardian ad litem (often called GAL) is very similar to an advocate, but they are usually appointed by a judge during legal cases. The main goal is the same—they look out for the best interests of the person who can’t speak for themselves.

You’ll see a GAL most often in cases that involve:

• Guardianship
• Conservatorship
• Elder abuse
• Estate planning
• Property matters
• Medical decisions

The GAL might speak to doctors, caregivers, family members, and even visit the home of the person with dementia to see how they are living. Then they report back to the court about what’s really going on.

Why Is This So Important?

People with dementia can be taken advantage of. They might be pressured into signing papers, changing their will, or giving away money. Sometimes it’s done by strangers. But sadly, even family members can do it.

When the person can’t say no or doesn’t even understand what’s happening, it becomes very easy for others to do the wrong thing. That’s why an outside voice—a fair and neutral one—is so important.

The court can’t always know who is telling the truth. But an independent person, with no personal gain, can help bring some clarity.

How Does It Work in Real Life?

Let me give you a simple example. Let’s say your mother has dementia. She owns a house. You and your sibling want to sell it. But she doesn’t fully understand what’s going on anymore.

If someone complains to the court or a lawyer gets involved, the court might appoint a guardian ad litem. This person would:

1. Talk to your mom.
2. Visit the home.
3. Review any medical records.
4. Interview you and your sibling.
5. Make a report about whether selling the house is in her best interest.

They’re not there to stop the sale just because. But if they see that your mom doesn’t want to move, or that someone’s trying to push her out unfairly, they will let the judge know.

This can protect her from being moved out of her home without good reason.

When Should You Ask for an Advocate or GAL?

You don’t have to wait for the court to appoint someone. If you see signs that things are unfair, you can ask a lawyer or the court to bring in a guardian ad litem.

Here are some signs that it may be needed:

• The person with dementia is confused and can’t speak up for themselves.
• There are disagreements in the family.
• Someone is pressuring them to make big decisions.
• You’re worried about elder abuse or neglect.
• The person’s money or property is involved in a legal case.

Is It Expensive?

It depends on where you live. Sometimes the court pays for the guardian ad litem. In other cases, the cost may be shared by the people involved in the case.

Independent advocates may also work for nonprofit organizations, which means their help could be free. In some cities, senior advocacy centers can provide help at little to no cost.

Here’s a simple table to give you a general idea:

Service Type	Who Pays Usually	Estimated Cost Range
Guardian ad litem (court-appointed)	Often paid by the court or divided among parties	$500 to $3,000 depending on case
Independent advocate	Often free through nonprofits	Free to $500 one-time fee

If you’re worried about money, ask your local court or legal aid office for options.

What If the Person with Dementia Disagrees?

That can happen. Sometimes, people with dementia don’t believe they need help. They may not trust the advocate. They may say “I’m fine” even if they’re clearly not.

This is where the advocate or GAL has to be careful and kind. They won’t force decisions. Instead, they listen and try to find out what the person truly wants—behind the confusion or fear. Their job is not just about safety, but also about dignity and respect.

If the person really can’t make decisions safely, then the court will decide what to do next, based on the GAL’s report.

What Are Their Limits?

It’s important to know that an advocate or GAL cannot make legal decisions. They don’t have that power. They don’t control money or property. They only make recommendations. The judge still makes the final decision.

They also cannot force family members to behave. But if they see abuse or danger, they can raise the alarm and make sure the court looks into it.

Key Points to Remember

• People with dementia can’t always speak up for themselves in court.
• An independent advocate helps protect their rights.
• A guardian ad litem is appointed by a judge in legal cases.
• These helpers speak for the person with dementia—not for the family or court.
• They help the process stay fair and unbiased.
• You can ask for one if you think someone’s rights are at risk.
• Cost may vary but help is often available at low or no cost.
• They make reports and suggestions, but they don’t make final decisions.

Thanks for reading. I hope this article helped you understand why independent advocates and guardians ad litem matter. If you have any questions, comment below. And don’t forget to share this with friends and family on social media—it could really help someone.