In California, a guardian ad litem is an individual appointed by the courts to act as a representative of a child’s best interests. They are used in situations where a young child is unable to self-advocate during a legal conflict. Under state law, a guardian ad litem can be appointed in any case in which an individual lacks the capacity to represent his or her own best interests in court.
What Is the Role of a Guardian Ad Litem?
Guardian ad litems can be appointed in various legal situations, including family law cases, cases involving suspected child abuse or neglect, and estate planning and trust matters. Any situation where a young child (or incapacitated adult) requires legal protection, this can come in the form of a guardian ad litem.
A guardian ad litem is legally obligated to act in the best interests of the child or person they are representing. Their responsibilities can include:
- Interviewing the child to gather information about the child’s needs and best interests.
- Investigating the case, such as interviewing parents and reviewing school or medical records.
- Advocating for a specific case outcome that would protect the child’s well-being.
- Speaking on behalf of the child in court, if the child has expressed specific preferences.
- Monitoring a situation to ensure that court orders are being followed by involved parties.
- Representing a child during the probate court process after a guardian’s death or incapacitation.
- Protecting and administering money left to a child through inheritance.
The rights and abilities of a guardian ad litem extend only as far as the scope of litigation. The assigned individual does not have the authority to make further decisions for the minor or ward outside of the parameters of the legal matter.
Who Can Act as a Guardian Ad Litem in California?
A guardian ad litem is subject to court approval and must fit the legal requirements in California. It must be someone who does not have a conflict of interest in the case; for example, one of the child’s parents cannot act as a guardian ad litem.
The guardian ad litem will be a responsible adult – typically a family attorney in Orange County or social worker, though not always – who is appointed by the court in charge of the case. To apply to be a guardian ad litem in Orange County, you must be at least 18 years old and submit an application to the courts.
How to Request a Guardian Ad Litem in Orange County
If you are involved in a legal matter in Orange County and believe that a child or incapacitated adult meets the criteria, you can request that the courts appoint a guardian ad litem to protect the individual’s best interests. You can do this using Form CIV-010 (Application for Appointment of Guardian Ad Litem) in California. In most types of cases, the minor in question must also be represented by an attorney.
If you find out that a guardian ad litem is being added to your ongoing court case in Orange County, you may have many questions about what this might entail. Get more information about the role of this party in your specific case during a consultation with a family law attorney at Boyd Law. If you are searching for an appropriate guardian ad litem for your case, we can also help. Contact us today to learn more.
