Guardian ad litem – Lat. “guardian at law.” The person appointed by the court to look out for the best interests of the child during the course of legal proceedings.
A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child’s legal guardian in the event of their death.
Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward’s property without being given any authority over the ward’s person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem (which translated from Latin means “guardian for the proceeding”).
Guardians ad litem are often appointed in divorce cases to represent the interests of the minor children. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. The guardian ad litem’s only job is to represent the minor children’s best interests.
Guardians ad litem are also appointed in cases where there has been an allegation of abuse, neglect or dependency. In these situations, the guardian ad litem is charged to represent the best interest of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction and can be volunteers or attorneys.
Guardians ad litem are also sometimes appointed in probate matters to represent the interests of unknown or unlocated heirs to an estate.
A guardian is a fiduciary and is held to a very high standard of care in exercising his powers. If the ward owns substantial property the guardian may be required to give a surety bond to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the ward.
In some jurisdictions a legal guardian is called a conservator or custodian.