What is a Guardian Ad Litem (GAL) and When Must a GAL Be Appointed?
Posted by: Doug in Children's Claims, Disability, Insurance Coverage, Negligence Cases, Taking Care of Family, brain injuryABRAMS LANDAU clients with severe disability or brain injury are often appointed a Guardian ad Litem In a court of law, Guardian Ad Litem literally means, “guardian for the suit.” Actually, Doug Landau was a Classics Minor in college and studied Latin for a number of years. He likens the phrase to mean “a Guardian who takes you to the shore.” The Herndon Reston brain injury lawyer notes that a Guardian Ad Litem has been appointed for mentally disabled clients, children in “infant settlement” cases and clients with brain injuries or who are in comas and cannot assist in their own cases or manage their own finances. For a client on life support at INOVA Fairfax Hospital, a Guardian was appointed to look out for her interests and to bring the lawsuit in his name.
A guardian ad litem in Virginia is an attorney appointed by a judge to assist the Court in determining the circumstances of the matter. The Virginia Code states that “every guardian ad litem shall faithfully represent the estate or other interest of the person under a disability for whom he is appointed, and it shall be the duty of the court to see that the interest of such defendant is so represented and protected.” The attorney who is appointed guardian ad litem provides independent advice to the Court (as compared to the attorneys advocating for one side or the other in the action) to bring balance to the decision-making process. The GAL may conduct interviews and investigations, make reports to the court and participate in court hearings or mediation sessions.
Recognized for his experience with catastrophic brain injury cases and claims involving minors and young children, Doug Landau has been asked and retained to be a Guardian Ad Litem in a number of Courts. The Herndon Reston area trial lawyer not only reviews the relevant medical and legal documents, he also speaks with and meets the family members involved in the case. Often times, in childrens’ personal injury cases, Landau is able to get the Defendant’s insurance company to pay the fees and expenses that arise from the necessity of the Guardian Ad Litem procedure.
The Office of the Executive Secretary of the Supreme Court of Virginia administers, maintains and distributes lists of attorneys who are qualified guardians ad litem. There are two separate programs: one for children through the juvenile and domestic relations district court and one for incapacitated persons (adults) through the circuit court.
For more information go to: http://www.courts.state.va.us/gal/home.html



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September 21st, 2008 at 10:19 pm
sir, have you ever heard of a self-imposed guardian ad litem for a child
October 8th, 2008 at 1:14 pm
No, we have not because in the typical injury or disability case, a parent, “Next Friend” or Court-Appointed lawyer is required to serve as a Guardian ad Litem for the under age party.