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An advocate ad litem represents those who cannot care for themselves in court, such as children or mentally handicapped individuals. A guardian ad litem represents those who cannot speak for themselves in family lawsuits. Ad litem attorneys aim to meet the wishes of their clients and may require additional training.
An advocate ad litem is a legal representative appointed by a court to represent an individual who is unable to care for himself, such as a child or a mentally handicapped person. This legal position is most commonly found in the US and UK Clients of an ad litem solicitor may include children who have been orphaned or are the subject of child neglect and abuse cases, as well as the unborn, disabled, and interests of unknown heirs in cases relating to wills and trusts.
A guardian ad litem is another type of legal representative assigned by a court to represent those who may not be able to speak for themselves in family lawsuits. The guardian is mandated by the court to ensure that the needs of a minor or mentally handicapped person are met, whether or not the individual agrees with the guardian’s recommendations. The guardian can investigate the situation that brought the individual to court and then report directly to the judge on his or her findings, with suggestions for action. The purpose of an ad litem attorney is slightly different in that he or she is legally responsible for meeting the wishes of the individual and for representing only those wishes to the judge, even when they may contradict what seems best for that individual’s welfare.
This position is most commonly used in family court cases, where a minor is seeking representation. In such cases, the ad litem attorney usually begins by ascertaining whether the child is competent to understand the situation that brought him to court. The child should also be informed of the purpose of the lawyer provided for him. Some regional courts set an age that the child must reach before they are deemed mentally fit to meet with a lawyer. Once the lawyer is sure that the child understands these two basic concepts, his/her goal is to find out what outcome the child wants and to help him, through legal advice, achieve it.
Lawyers usually receive their court appointments at the regional level. As a result, the requirements to become a line item may vary from region to region. Many regions require these attorneys to complete additional training related to representing children after receiving their appointments. This requirement may be waived if the lawyer already has family law training and experience. An individual with a history of ad litem counsel may also be appointed, when possible, as ad litem guardian, although he may not fulfill both roles in the same case.
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