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Court-appointed special advocates represent the interests of those who cannot represent themselves, such as minors or mentally disabled individuals. This is common in custody, abuse, or medical cases. Qualifications for advocates vary by jurisdiction, with some requiring lawyers and others social workers.
Court-appointed special advocates are people appointed by a judge in a court of law to represent the interests of a person who is unable to represent their interests. In other words, a special advocate speaks for someone who can’t speak for himself, giving that person a legal voice. It is common for the court to appoint an attorney in child custody cases or incapacity hearings.
When a court case occurs, every person whose interests are affected should have a say. This is true in any country that provides basic human rights protections. In the United States, for example, the right to have a say in court is guaranteed by the Constitution under the Due Process Clause, which states that no person shall be deprived of life, liberty, or the pursuit of justice without due process of law.
Unfortunately, not everyone has the ability to speak up for themselves in court. For example, minors are not considered able to express their interests. Although minors may sometimes be placed on the witness stand to testify, the court assumes that, in general, minors do not know enough to determine their own needs or to be legal advocate for themselves.
As such, the court protects children by appointing special court-appointed advocates as appropriate. This is common not only in custody cases, but also in child abuse cases or in situations where the court feels that the parent may not have the child’s best interests at heart. Court-appointed special advocates may also be appropriate in cases where a third party challenges the parents’ decisions on behalf of their child, such as in cases where medical professionals disagree with the parents on the appropriate course of action for treatment.
However, lawyers aren’t just appointed for children. Anyone who does not have the capacity to represent their interests can have a guardian appointed ad litum. For example, a mentally disabled or demented person may be appointed guardian ad litum in cases where someone requests a power of attorney over the disabled person’s assets or seeks to obtain custody of the disabled person.
Qualifications for court-appointed specialty advocates vary by jurisdiction. In some countries of the world and in some states in the United States, guardians ad litum must be lawyers or solicitors. In other areas, social workers act as court-appointed special advocates.
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