Who is a guardian ad litem?

Jul 16, 2021

Kiritsis Law Group 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, a guardian ad item refers to a court-appointed person that protects one’s interest in certain legal actions. Many jurisdictions underscore the difference between a legal guardian and a guardian ad litem. The are a variety of requirements and court supervisions that a guardian ad litem is subject to, based on the jurisdictions and local legal customs. Many courts afford a garden ad litem certain quasi-judicial immunity from the litigation parties of a particular case. Despite judicial immunities (if any), being a guardian ad litem is often a stressful job. The time period which a guardian ad litem serves this role could vary significantly, based on the laws of the jurisdictions, the customs of the local courthouse, and the underlying facts of each case. Many parties maybe able to plan for the possibility that they and/or a loved one comes under the protection of a guardian ad litem, through the creation and enforcement of trust(s). Often, the appointment of a guardian ad litem could ignite family infighting, which could serve as an ammunition to bitter, lengthy and expensive litigation...when it comes to estate planning, there appears to be some truth that those who fail to plan, are plan to fail.

 

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