Legal Definitions - litem

Litem is a Latin term that, in legal contexts, is almost exclusively used as part of the phrase ad litem. The phrase "ad litem" literally translates to "for the suit" or "for the purpose of the legal action."

When a court appoints someone "ad litem," it means that person is designated to represent the interests of another party solely for the duration of that specific legal case. This temporary representative, often called a guardian ad litem or attorney ad litem, ensures that the interests of a party who cannot adequately represent themselves (such as a minor child or an incapacitated adult) are protected during the legal proceedings. Their authority is limited to that particular lawsuit and ends once the case is resolved.

• Example 1: Child in a Personal Injury Lawsuit

  Imagine a 12-year-old child who suffers serious injuries in a bicycle accident caused by a negligent driver. A lawsuit is filed on the child's behalf to seek compensation for medical expenses and pain and suffering. Because the child is a minor, they are not legally able to make decisions about the lawsuit, such as accepting a settlement offer or testifying in court. To protect the child's best interests, the court will appoint a guardian ad litem. This individual's role is to investigate the facts of the case, understand the child's needs and wishes, and communicate those to the court, ensuring the child's rights are upheld throughout the personal injury litigation. Their appointment is strictly for this specific lawsuit.

• Example 2: Incapacitated Adult in a Guardianship Proceeding

  Consider an elderly man who has recently suffered a severe stroke, leaving him unable to manage his finances or make medical decisions. His adult children initiate a court proceeding to establish a guardianship to ensure his care and assets are managed appropriately. To ensure the elderly man's voice is heard and his rights are protected during this complex legal process, the court might appoint an attorney ad litem. This attorney's specific duty is to represent the incapacitated man's interests *only* within the context of the guardianship petition, ensuring that the court's decision aligns with his well-being and legal rights, even if he cannot articulate them himself.