The term “ad litem” comes from the ancient Roman legal system and refers to someone appointed by a court to look after a person’s interest while a specific legal action is pending. In the US, a guardian ad litem is appointed to represent the best interests of a minor or incapacitated adult in court. Other countries have their own terminology for this role. A guardian ad litem may also be appointed in guardianship and probate proceedings.
The roots of many words and phrases used in legal systems around the world can be traced back to the ancient Roman legal system from which many modern legal systems arose. The term “ad litem” in one of these sentences. The literal translation of ad litem is “for legal action only”. It is typically used to describe someone who has been appointed by a court to look after a person’s interest, or estate, only while a specific legal action is pending.
In the United States, a guardian ad litem generally refers to a person appointed by the court to look after the best interests of a minor or incapacitated adult, in most cases. Other countries around the world have their own terminology for a guardian ad litem; for example, the Scottish equivalent is a ‘trustee ad litem’. The role of a guardian ad litem is to be the voice of someone involved in litigation who is too young or unable to speak for themselves. The guardian is often a lawyer, but this is not mandatory.
In divorce or custody proceedings, a minor child is often the subject of a lawsuit but is unable to speak for himself or herself in court due to his or her age. As a result, a judge will often appoint a guardian ad litem to voice him. The guardian does not consider the interests of either parent, only those of the child involved in the case.
Guardianship proceedings are another example of when a judge may appoint a guardian ad litem. When a guardianship claim is filed in court, the department, or the person who presumably needs a guardian, may be unable to speak on their own due to a physical or mental incapacity. For this reason, a judge can appoint a guardian to look after your legal interests during the case.
Occasionally, a court will also appoint an ad litem guardian in probate proceedings. Probate is the legal procedure whereby a deceased person’s estate is inventoried, paid to the creditor and assets transferred to the beneficiaries. If the designated representative is unable or unwilling to perform his or her duties with respect to the estate, the court may appoint an estate guardian to ensure that the estate proceeding is handled appropriately.
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