Skip to main content

Guardian Ad Litem

Probate & Legal

A court-appointed representative who protects the interests of a minor, incapacitated person, or unborn child in a specific legal proceeding.

Guardian ad litem is a Latin term meaning "guardian for the lawsuit." It refers to a person the court appoints to represent someone's interests in a specific legal proceeding. Unlike a general guardian who manages ongoing personal decisions, a guardian ad litem serves only for the duration of the case.

When Courts Appoint a Guardian Ad Litem

Under A.R.S. 14-1408, Arizona courts may appoint a guardian ad litem in trust and estate proceedings when someone's interests would otherwise be inadequately represented. This commonly applies to minors, incapacitated people, unborn children, unascertained persons, and people whose identity or address is unknown. The court can make the appointment at any point during the proceeding.

How This Differs from a General Guardian

A guardian ad litem has a narrow, case-specific role. They investigate the facts, review the legal issues, and advocate for the best interests of the person they represent in that particular proceeding. Once the matter is resolved, the appointment ends. A general guardian, by contrast, is appointed to manage a person's ongoing personal and healthcare decisions.

A single guardian ad litem may represent multiple people or interests in the same proceeding, provided there is no conflict of interest among them.

Get Started Today

Need Help With Your Estate Plan?

RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570