In re Jessica G

In In re Jessica G. (2001) 93 Cal.App.4th 1180., the Court followed In re Sara D. (2001) 87 Cal.App.4th 661 which held that the basis for the appointment of a guardian ad litem is the incompetence of the parent. "The test for incompetence in this context is whether the party has the capacity to understand the nature or consequences of the proceeding, and is able to assist counsel in preparation of the case." (In re Jessica G., supra, 93 Cal.App.4th at p. 1186, quoting In re Sara D., supra, 87 Cal.App.4th at p. 666.) Where a parent does not consent to the appointment of a guardian ad litem, it is required that "the court or counsel explain to the parent/client the purpose of the guardian ad litem appointment, the authority the guardian will have (and which the parent will not have) in the litigation, and why the attorney believes the appointment should be made. . . . At the hearing, the parent should be given the opportunity to respond--'to present the best case and provide the court with the most accurate picture of the circumstances so that it can make an informed decision.' (In re Sara D., supra, 87 Cal.App.4th at p. 672.) This may involve testimony on the limited issue of competency. 'At a minimum, the court should make an inquiry sufficient to satisfy it that the parent is, or is not, competent; i.e., whether the parent understands the nature of the proceedings and can assist the attorney in protecting his/her rights.' (Ibid.) The court's decision on this issue should be stated on the record." ( In re Jessica G., supra, 93 Cal.App.4th at p. 1188.)