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Glossary

Guardian ad litem

A person, often a lawyer, whom a court appoints to look after the interests of a child or another person who cannot act for themselves in one particular case.

Last reviewed By the Editorial team 1 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

A guardian ad litem is a person, often a lawyer, whom a court appoints to protect the interests of a child or another person who cannot act for themselves in one particular case. "Ad litem" is Latin for "for the lawsuit." The role ends when that case ends.

In a car accident claim#

Children are often hurt in crashes as passengers, pedestrians or cyclists. A child cannot sign a binding Release. The document you sign when you settle. It usually ends your right to claim more for the same crash, so read it carefully. Glossary, so courts usually review a child's settlement. In Texas, a next friend may settle a child's lawsuit only with the court's approval, and an approved settlement binds the child. In Florida, no settlement of a minor's lawsuit takes effect unless the court approves it.

A judge may appoint a guardian ad litem to look at the deal only from the child's side, for example when a parent and a child are both claiming against the same limited insurance policy. The guardian checks whether the child's share is fair, how Lien. A legal claim on part of your settlement by someone who paid for your care, such as a hospital, health plan or Medicare. Glossary and fees come out of it, and how the money will be protected until the child is an adult. The same can happen in a wrongful death case where children share a recovery. Our guide to settlement negotiation explains where court approval fits.

Example#

Questions people ask

Is a guardian ad litem the same as a legal guardian?

No. A legal guardian has ongoing responsibility for a person or their property. A guardian ad litem acts only in one case, and the role ends when the case does.

Does a guardian ad litem work for the parents?

No. The guardian ad litem looks out for the child's interests, which may differ from what the parents want, and reports to the court. Who pays the guardian's fee depends on the state and the court's order.

Sources

  1. Cornell LII Wex, Guardian ad litem — definition and the single-case role
  2. Supreme Court of Texas, Texas Rules of Civil Procedure, Rule 44 — as of October 2026
  3. Florida Legislature, Florida Statutes § 744.387(3)(a) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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