Also known as: ad-litem · guardian ad litem · for the suit
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating an appointment or proceeding undertaken solely for the purposes of a particular lawsuit. The designation limits the representative's authority to the litigation at hand and ends once that suit concludes.
Abigail Alvarez met with her lawyer to sign a personal guarantee on a commercial lease while exhibiting rapid speech and unrealistic revenue projections. The lawyer concluded that diminished capacity placed her at risk of substantial financial harm. The lawyer petitioned the court to appoint a guardian ad litem to evaluate the transaction and protect her interests.
Anika Anand filed suit challenging state restrictions on medical procedures affecting fetal development. The court appointed a guardian ad litem to represent potential interests of the unborn child in the litigation. The appointment ensured that arguments concerning the child's possible rights received independent presentation before the court reached its decision.
Select any source to read its text and confirm it supports the definition.
Ariana Azizi lay in a persistent vegetative state with no appointed surrogate. Family members sought to discontinue artificial nutrition. The trial court appointed a guardian ad litem to investigate and advocate for the patient's previously expressed wishes during the proceeding.
Albert Allen, a minor, petitioned for authorization to obtain an abortion without parental involvement. The court appointed a guardian ad litem to assist her in presenting evidence that the procedure would serve her best interests. The guardian ad litem participated solely for purposes of that hearing and had no authority beyond it.
A lawyer may seek the appointment when the lawyer reasonably believes the client has diminished capacity, faces substantial risk of harm, and cannot adequately protect personal interests. The appointment serves as one form of protective action under the applicable professional conduct rules.
No. A guardian ad litem is appointed only for the limited purpose of a specific suit and does not assume ongoing fiduciary duties such as those of a trustee or conservator. The role ends when the litigation concludes.
A minor or incompetent person without a duly appointed representative may sue by next friend or guardian ad litem. The court must appoint a guardian ad litem or issue another protective order when the person is unrepresented in the action.
The guardian ad litem represents the minor's interests when beneficiaries seek to terminate an irrevocable trust and agree on a non-pro rata distribution. Court approval of the agreement after the guardian's participation binds the trustee to follow the agreed distribution rather than the original trust terms.
…as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [^maj-66] Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole…