Ad Litem: A Comprehensive Overview
Ad litem is a Latin phrase meaning “for the lawsuit” and is commonly used in the legal system in order to refer to an individual appointed by the court to represent the interests of an absent party who is unable to represent themselves. This appointed individual is known as a guardian ad litem (GAL). The GAL is responsible for assisting the court in determining the best interests of the individual in question and can make decisions or provide advice on the individual’s behalf. This article provides a comprehensive overview of the role of a GAL and the process of appointment.
Definition
The role of GAL is defined by the American Bar Association (ABA) as “a guardian appointed by a court to represent the best interests of a minor or an individual who has been declared legally incompetent.” In legal terminology, an individual is legally incompetent when they are unable to understand or make decisions for themselves due to age, mental disability, or other factors. The GAL is responsible for acting as a voice for the individual in question in legal proceedings, in addition to advocating for the individual’s best interests and providing advice to the court.
Process of Appointment
The process of appointing a GAL can vary from state to state. Generally, the court will appoint a GAL when a party in a legal proceeding is unable to adequately represent themselves due to age, mental disability, or other factors. The GAL is typically appointed by the court and can be either a volunteer or a professional. The GAL will typically be appointed to serve in a specific case and will remain in that role until the case has been resolved or the GAL’s services are no longer required.
Responsibilities
The primary responsibility of a GAL is to represent the best interests of the individual in question in all legal proceedings. This includes ensuring that the individual’s rights are respected, advocating for the individual’s best interests, and providing advice to the court. Additionally, the GAL may be responsible for conducting interviews, gathering evidence, and attending hearings. The GAL may also be required to file legal documents, provide reports to the court, and serve as a witness in court proceedings.
Conclusion
Ad litem is a Latin phrase meaning “for the lawsuit” and is commonly used in the legal system to refer to an individual appointed by the court to represent the interests of an absent party who is unable to represent themselves. This appointed individual is known as a guardian ad litem (GAL) and is responsible for assisting the court in determining the best interests of the individual in question and can make decisions or provide advice on the individual’s behalf. The process of appointing a GAL can vary from state to state and the GAL is typically appointed to serve in a specific case and will remain in that role until the case has been resolved or the GAL’s services are no longer required. The primary responsibility of a GAL is to represent the best interests of the individual in question and provide advice to the court.
References
American Bar Association. (n.d.). Definition of Guardian ad Litem. Retrieved from https://www.americanbar.org/groups/legal_aid_indigent_defendants/resources/guardian_ad_litem/
National Center for State Courts. (n.d.). Guardians Ad Litem. Retrieved from https://www.ncsc.org/topics/juvenile-justice/justice-for-children/guardians-ad-litem.aspx
The National Child Traumatic Stress Network. (n.d.). Guardians Ad Litem. Retrieved from https://www.nctsn.org/resources/guardians-ad-litem