A guardian ad litem is appointed by the court to protect the interests of a party lacking capacity. The role is distinct from counsel and focuses on the person's best interests rather than advocacy of stated preferences.
Appointment is required for minor settlements in most states.
Alternative Names:
GAL, Litigation Guardian
Why it Matters?
The guardian's independent assessment of a proposed minor settlement is what the approval process turns on, and a guardian who identifies inadequacy can block a resolution the parties negotiated. Appointment costs are typically paid from the settlement. For defendants the guardian's involvement is protective, since an approved settlement with guardian participation is substantially more durable against later challenge.
Frequently Confused with
Related terms
Frequently asked questions
What does the guardian assess?
Why is the involvement protective for defendants?
