A next friend is someone who acts on behalf of a child or person with a disability in a civil suit. They have no control over the lawsuit’s proceeds or authority to assume custody of the child. Courts appoint a guardian ad litem to represent minors or incapacitated persons involved in legal proceedings. The ad litem guardian has legal duties towards the minor and must consider what is in their best interests. They are also appointed in cases of abuse, neglect, and adoption. A court-appointed special advocate (CASA) is used in adoption cases and other family court cases.
Next friend, as a legal term, originates in the common law. Refers to a person acting on behalf of a child or person with a disability in a civil suit. A close friend is not a party to the case, but must be included in the case caption of the trial briefs, because the law considers children and people with disabilities as having no legal capacity to sue on their own behalf. A person acting as next friend has no control over the proceeds of the lawsuit and no authority to assume custody of the child.
Often a close friend is a relative or family member. A modern trend in the United States is for courts to appoint a guardian ad litem to represent a minor or incapacitated person involved in legal proceedings. In situations involving minors, the court appoints an ad litem guardian for delinquency hearings, adoption proceedings, or abuse and neglect cases in family court. In cases involving adults with disabilities, this person may be part of an advocacy team assisting an appointed attorney.
In juvenile cases, the guardian ad litem must be a lawyer. Constitutional law requires that a minor accused of committing a crime have legal representation. The guardian ad litem has the same legal duties towards the minor as you would towards an adult client in terms of loyalty, confidentiality and zealous representation. However, in terms of any sanctions considered by the court, the ad litem guardian must also consider what is in the “best interests of the child”.
In cases of abuse and neglect, children are litigants in family court together with their parents. The court appoints a guardian ad litem to represent their interests. Young children are rarely involved in the actual court proceedings. The ad litem guardian reviews court reports, interviews the parties, and then makes recommendations to the court regarding actions necessary to protect the safety and well-being of the children. At hearings, the guardian ad litem participates fully with the other lawyers, making opening and closing statements, cross-examining witnesses and presenting evidence.
An ad litem guardian is also needed in cases of adoption. In many jurisdictions, courts use a court-appointed special advocate (CASA) in adoption cases and other family court cases. Like a close friend, a CASA is not a party to the proceeding or an attorney, but serves as an officer of the court. The CASA is independent of lawyers or litigants. The court appointment order gives CASA access to all documents, including court evaluations, medical records, and reports.
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