Ad Litem

awed-LEE-tehm - "for the action"

As is the case for most legal terminology, this phrase also comes from Latin. More specifically, it means "for the purpose of the present legal action only." It refers to a situation in which one party is appointed by the court to act on behalf of a second party when the latter is incapacitated or otherwise unable to represent their own interests. For legal purposes, an ad litum ruling applies only to the issue before the court at the time the ruling is made; for example, an adult may be appointed as guardian ad litem in order to bring a lawsuit on behalf of a child under age 18, but only for the purposes of that particular suit; s/he does not become a substitute parent.

An ad litem ruling may also appoint an executor to act on behalf of an estate in cases involving property litigation. Most commonly however, it is made in order to protect the interests of those who have not reached the age of majority or are incapacitated.

Several states require that a guardian ad litem have specific qualifications, which may be different for such persons acting on behalf of minor children and those representing adults. In the state of Virginia, for example, a guardian ad litem for incapacitated adults must be a licensed attorney in good standing with the state bar association, and must complete six hours of specialized training as well as and additional three hours per year of continuing legal education.

In cases of civil lawsuits, the injured party (plaintiff) may be appointed an ad litem guardian if s/he is physically unable to appear in court due to the nature of his/her injury or illness.

 

 

 

 

 
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