Skip to main content

Guardian ad litem

Definition

When a person involved in a suit cannot adequately represent his or her own interests, the court may appoint a guardian ad litem to protect the person's interests. Unlike typical guardians or conservators, guardians ad litem only protect their wards' interests in a single suit. Generally, courts appoint guardians ad litem to represent legal infants and and adults who are actually or allegedly incapacitated. Courts most frequently appoint guardians ad litem in parents' disputes over custody of their children. For example, the federal Child Abuse Prevention and Treatment Act requires states to appoint guardians ad litem for children in abuse or negect proceedings. 42 U.S.C. 5106a(b)(2)(A)(xiii). See Francine M. Neilson v. Colgate-Palmolive Co., 199 f.3d 642 (2d Cir. 1999).

Courts may appoint guardians ad litem without the ward's consent.

 

Guardian ad Litem: an Overview

 

Source and Uniformity of Law

Generally, guardians ad litem are regulated by state and local laws. Jurisdictions differ not only on when to appoint guardians ad litem, but also on the guardians' minimum qualifications, training, compensation, and duties. Due to difference in local rules and funding availability, the quality and effectiveness of guardians ad litem can vary greatly not only between different states, but also between different areas within the same state.

Guardians ad Litem in Domestic Disputes

Courts frequently appoint guardians ad litem to represent childrens' interests in cases involving Adoption, Child Custody, Child Support, Divorce, empancipation, and visitation rights. In these cases, the guardians ad litem usually act as factfinders for the court, not as advocates for the children. Accordingly, they should base their recommendations on what would actually be best for the children, not on what the children prefer. Usually, parents must split any costs associated with hiring a guardian ad litem.

Guardians ad Litem in Incapacity Cases

In many jurisdictions, courts also appoint guardians ad litem in cases involving an allegedly incapacitated person. For example, if children sue, asking the court to to declare their parent incapacitated and appoint a guardian or conservator, the court may appoint a guardian ad litem to advocate the parent's best interests.

Related Topics

Additional Sources

 

Definition from Nolo’s Plain-English Law Dictionary

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. For example, a minor who is a party to a lawsuit must have a guardian ad litem (often a parent) to act in the minor's behalf with regard to decisions like whether or not to take a settlement offer. A guardian ad litem (GAL) may also be appointed to represent a child whose parents are locked in a contentious battle for custody.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:17 pm

menu of sources

Other References

Key Internet Sources

"[The] power to appoint guardians ad litem pursuant to [Federal Rule of Civil Procedure] Rule 17(c) is important not only to ensure that the minor's rights and interests are fully protected in cases where the minor is otherwise represented and there may be conflicts of interest, but also to ensure that the minor has proper access to the federal judicial system at all.  Such fair access to the judicial system by minors and incompetent persons is enhanced if the district court exercises not only the power to appoint guardians ad litem, but also . . . to 'make such other order as it deems proper for the protection of the infant or incompetent person.'  This additional power is necessarily required so the district court can effectuate its appointment of a competent, independent guardian ad litem."

Gaddis v. United States, 381 F.3d 444, 453-54 (5th Cir. 2004).