California Guardian ad litem Lawyer for all of Orange & Los Angeles County
The Guardian ad litem attorney in Orange County explains, “What is a Guardian Ad Litem?” – A guardian ad litem can be appointed by the court to represent the best interest of children in personal injury, Juvenile, family law matters and probate matters. In a personal injury matter the child can not bring his or her own legal action for damages and is considered to be incompetent, therefore a Guardian Ad Litem is appointed usually a parent serves as the Guardian Ad Litem. Upon appointment, the Guardian AD Litem can now make legal decisions on how to proceed with the legal action and can negotiate and enter into settlement of the action. Any monetary award is usually placed in a blocked account for the benefit of the minor. In a family law matter a Guardian Ad Litem can be appointed in a paternity or custody action. In a civil matter file the form CIV 010 Application for Order and Appointment of Guardian AD Litem – Civil. In a juvenile or family law action file form FL-935. In a probate action file form DE-350/GC-100.
A Guardian Ad Litem can also be appointed for adults who lack the capacity to litigate or assist in the litigation of their dissolution or legal separation proceeding. These appointments are made pursuant to California Code of Civil Procedure §372 which states that a party who is incompetent must appear through a guardian ad litem in a dissolution or legal separation proceeding.
A guardian ad litem is not a party to the action. The Guardian Ad Litem can be an attorney or a court appointed special advocate volunteer. The role of the guardian ad litem is that of an officer and/or agent of the court. The guardian ad litem helps in the defense and/or prosecution of an action. In representing a client, if an attorney feels that the client has a mental or physical condition which inhibits the clients judgment the American Bar Associations Model Rules of Professional Responsibility along with the ABA Model Rules set a duty of counsel to request the court appoint a GAL for a client that is incompetent. Failure to seek an appointment of a Guardian Ad Litem can lead to liability for malpractice and lead to a breach of ethical duties.
The duties of the Guardian Ad Litem (GAL) pursuant to California Family Code §4000, are that a GAL may bring an action against a parent on the child’s behalf to enforce the duty of a parent to support the child. A GAL must represent the best interest of a child pursuant to California Family Code §3150, et seq. and a GAL may represent an insane spouse in a dissolution of marriage action. A Guardian Ad Litem may call witnesses, present evidence and must preserve confidentiality.
Consult with a Guardian ad litem attorney in Orange County CA
To schedule you free initial consultation with an experienced and qualified family law attorney in Orange County, please call Yanez and Associates at 714-971-8000. We look forward to assisting you with all of your child support, or family law needs.
The Guardian ad litem Lawyers of Yanez & Associates handle cases in Orange County and Los Angeles County. Here’s a list of some of the cities our clients reside in: Laguna Beach, Laguna Niguel, Lake Forest, Anaheim, Brea, Buena Park, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Stanton, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Los Alamitos, Tustin, Westminster, Yorba Linda, Whittier; Norwalk and more.