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Simple English definitions for legal terms
guardian ad litem
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A quick definition of guardian ad litem:
A guardian ad litem is a person who is chosen by a court to take care of and protect someone who cannot take care of themselves. This is usually a child or someone who is not able to make their own decisions. The guardian ad litem is appointed to a specific case and their job is to make sure that the person they are looking after is safe and their needs are met. They are usually appointed in cases where there is a disagreement about who should take care of the child or where they should live. The guardian ad litem is not there to take sides, but to make sure that the person they are looking after is taken care of in the best way possible. They are regulated by state and local laws and their duties can vary depending on where they are appointed.
A more thorough explanation:
A guardian ad litem (GAL) is a person appointed by a court to protect the interests of someone who is unable to take care of themselves. This is typically a minor or someone who is legally incompetent. The GAL is appointed to a specific case and their role is to watch over the ward and make sure their interests are protected.
Guardians ad litem are usually appointed in cases involving disputes over child custody, child support, adoption, divorce, emancipation of minors, and visitation rights. They act as factfinders for the court, making recommendations based on what is best for the ward, rather than advocating for the ward's preferences.
For example, in cases of child custody disputes, the court may appoint a GAL to represent the child's interests and make recommendations to the court about what is in the child's best interest. The GAL may interview the child, their parents, and other relevant parties to gather information and make a recommendation to the court.
Guardians ad litem are regulated by state and local laws, which vary in terms of qualifications, training, compensation, and duties. Due to differences in local rules and funding availability, the quality and effectiveness of guardians ad litem can vary greatly.
Unlike typical guardians or conservators, guardians ad litem only protect their wards' interests in a single case. Courts may appoint guardians ad litem without the wards' consent. In some jurisdictions, they may also be appointed to represent the interests of someone who is allegedly incapacitated.
For example, the Child Abuse Prevention and Treatment Act requires states to appoint guardians ad litem for children in abuse or neglect proceedings. Usually, parents must split any costs associated with hiring a guardian ad litem.
In New York State, there are two laws which allow for the appointment of a guardian ad litem to assist parties with disabilities: Article 12 of the New York Civil Practice Law and Rules (CPLR) and Article 81 of the New York Mental Hygiene Law. The responsibilities of a GAL appointed under Article 12 of the CPLR are more defined and specific than those of a GAL appointed under Article 81 of the Mental Hygiene Law.