What Is a Guardian Ad Litem?

This fact sheet tells you what a guardian ad litem is and what they do. It also tells you the difference between a guardian ad litem and a guardian. It may not answer all of your questions. In court, if you have any questions about who speaks for the child, who speaks for the parents, or who has the right to lawyer, ask the judge right away. 

A guardian is a person who acts to protect or help someone. “Ad litem” means “for the lawsuit”. There are different kinds of guardians ad litem for different kinds of cases. In some cases, the judge names a “guardian ad litem” to work with a child or a person who has a disability that makes it hard for them to understand a case that involves them. In other cases, like in custody cases or neglect or abuse cases, a guardian ad litem may be appointed to investigate and stand for the child’s best interests. 

No. The guardian ad litem makes their own decision about what is best for the child. It might not be just what the child wants. 

Not always. In some counties, such as Hennepin, many are lawyers. In other counties, the guardian may be a trained, concerned adult of any background. If the guardian ad litem is not a lawyer, they may have a lawyer that works for them on the case. 

• In family court, the judge must name a guardian ad litem if the judge thinks the child has been hurt, threatened, or neglected. Or if the parent has been convicted of certain crimes. See our fact sheet Parenting Time (Visitation) and Parenting Plans. 

• In juvenile court, there must be a guardian ad litem in cases about a child who is neglected, in foster care, or a child in need of protective services (CHIPS cases). 

• The judge can name a guardian ad litem in other family or juvenile cases but does not have to. 

Guardians ad litem may work free or for a fee. If there is a fee, the court says who has to pay it. If you get MFIP or other public aid, if you have a legal aid lawyer, or if you have a low income, you may get a reduced fee, or you may not have to pay.