Guardian Ad Litem Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Guardian Ad Litem, written in plain English, along with examples of how it is used.

What is Guardian Ad Litem?

(n). Guardian Ad Litem is the person appointed by the court entrusted with the powers to initiate legal proceeding on behalf of a minor or an incompetent adult to safe guard their interest and represent them in law suits and legal formalities.

History and Definition of Guardian Ad Litem

Guardian Ad Litem is a Latin term that means "guardian for the suit." The concept originated in Roman law, where a custodian ad litem was appointed to represent the interests of a person who was unable to defend themselves in a legal proceeding. In the United States, Guardian Ad Litem is commonly used in family law cases involving children, where a neutral third party is appointed by the court to represent the child's best interests.

The Guardian Ad Litem is typically an attorney or a trained volunteer who is appointed by the court to represent the interests of a minor child, an incapacitated adult or a person with a developmental disability in a lawsuit or legal proceeding. The Guardian Ad Litem is responsible for investigating the case, interviewing witnesses, reviewing records and making recommendations to the court regarding the best interests of the party they represent.

Examples of Guardian Ad Litem

  1. In a divorce case involving children, a Guardian Ad Litem may be appointed by the court to investigate the living arrangements, financial resources, and parenting plans of each parent and recommend a custody arrangement that is in the best interests of the child.

  2. In a lawsuit filed on behalf of a child who has been abused or neglected, a Guardian Ad Litem may be appointed to represent the child in court and make recommendations regarding their safety and well-being.

  3. In a trust or estate dispute involving an incapacitated adult, a Guardian Ad Litem may be appointed to represent the adult and ensure their legal rights are protected.

  4. In a personal injury lawsuit involving a person with a developmental disability, a Guardian Ad Litem may be appointed to represent the individual and ensure that they receive fair compensation for their injuries.

Legal Terms Similar to Guardian Ad Litem

  • Next Friend: A person who acts on behalf of someone who is unable to act on their own behalf in a legal proceeding.
  • Curator: A person who is appointed by a court to manage the affairs of an incapacitated adult or minor child.
  • Conservator: A person who is appointed by a court to manage the finances of an incapacitated adult or minor child.
  • Attorney ad Litem: An attorney who is appointed by the court to represent the interests of a party in a legal proceeding.