Home > West's Encyclopedia of American Law > Guardian Ad Litem

A guardian appointed by the court to represent the interests of INFANTS, the unborn, or incompetent persons in legal actions.

Guardians are adults who are legally responsible for protecting the well-being and interests of their ward, who is usually a minor. A guardian ad litem is a unique type of guardian in a relationship that has been created by a court order only for the duration of a legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need help protecting their rights in court. Such court-appointed guardians figure in divorces, child neglect and abuse cases, paternity suits, contested inheritances, and so forth, and are usually attorneys.

The concept of guardian ad litem grew out of developments in U.S. law in the late nineteenth century. Until then, the