Ad Litem, also known as guardian ad litem, is a Latin term used to refer to the appointed person to protect the interests of a minor in a personal injury or divorce case.
Ad Litem (Latin: “for the suit”) is a legal term referring to a person appointed by a court to represent the interests of a party who is unable to adequately represent themselves, typically due to age, mental incapacity, or other circumstances. An ad litem is commonly appointed in various legal proceedings, such as child custody cases, guardianship matters, or personal injury lawsuits, to ensure that the rights and best interests of the party they represent are protected. The ad litem acts as a neutral advocate, conducting investigations, gathering evidence, and making recommendations to the court on behalf of the party they represent.
adj. legal Latin meaning “for the purposes of the legal action only.” Most often the term applies to a parent who files a lawsuit for his or her minor child as “guardian at litem” (guardian just for the purposes of the lawsuit) or for a person who is incompetent. Either at the time the lawsuit is filed or shortly thereafter, the parent petitions the court to allow him/her to be guardian ad litem, which is brought ex parte (without a noticed hearing) and is almost always granted. A person acting ad litem has the responsibility to pursue the lawsuit and to account for the money recovered for damages. If a child in such a lawsuit reaches majority (18 in most states) while the suit is pending, the ad litem guardianship terminates and the “new” adult can run his/her own lawsuit. Some courts require an order terminating the guardianship ad litem upon proof of coming of age.
[Latin, For the suit; for the purposes of the suit; pending the suit.] A guardian ad litem is a guardian appointed to prosecute or defend a suit on behalf of a party who is legally incapable of doing so, such as an infant or an insane person.
For example, in a divorce case, the guardian ad litem (GAL) is a court-appointed person to protect the interests of a child while the custody and child support arrangements are decided. Generally, the GAL is a licensed therapist, social worker or lawyer who is appointed if the parents have been accused of child abuse, the divorce is highly contentious and the parents cannot agree on the long-term care of the child, or the parents request a guardian ad litem. Because the laws and regulations for getting a GAL vary from state to state if you need someone to help with issues for your children in a divorce you need to talk to a divorce lawyer.
Q: What is an Ad Litem? A: An Ad Litem is a person appointed by the court to represent the best interests of a child or an incapacitated adult in legal proceedings. Q: When is an Ad Litem appointed? A: An Ad Litem is typically appointed in cases involving child custody disputes, child abuse or neglect allegations, or when an incapacitated adult needs someone to advocate for their interests. Q: What are the responsibilities of an Ad Litem? A: The primary responsibility of an Ad Litem is to investigate the case, gather relevant information, and make recommendations to the court regarding the best interests of the child or incapacitated adult. This may involve interviewing parties involved, reviewing documents, and observing interactions. Q: How does an Ad Litem gather information? A: An Ad Litem gathers information through various means, including interviewing the child or incapacitated adult, speaking with parents, caregivers, teachers, medical professionals, and other relevant individuals. They may also review records, such as school or medical records, to gain a comprehensive understanding of the situation. Q: Can an Ad Litem make decisions on behalf of the child or incapacitated adult? A: No, an Ad Litem does not have decision-making authority. They provide recommendations to the court based on their investigation and assessment of the case. The court ultimately makes the final decisions. Q: How long does an Ad Litem’s involvement last? A: The duration of an Ad Litem’s involvement varies depending on the complexity of the case and the court’s requirements. It can range from a few months to several years. Q: Can an Ad Litem be removed or replaced? A: In certain circumstances, an Ad Litem can be removed or replaced. This may occur if there is a conflict of interest, a lack of competence, or if the court determines that it is in the best interests of the child or incapacitated adult to have a different representative. Q: How does one become an Ad Litem? A: The requirements to become an Ad Litem vary by jurisdiction. Generally, individuals must have a background in law, social work, or a related field. They may also need to complete specific training and certification programs. Q: Are Ad Litem services free? A: Ad Litem services are not typically free. The fees associated with an Ad Litem are usually paid by the parties involved in the case, either directly or through court-appointed funds. Q: Can
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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