Legal Motion to Appoint Guardian ad Litem

MOTION TO APPOINT GUARDIAN AD LITEM

IN THE COURT OF COUNTY, . Case No.:

Petitioner/Plaintiff:   Respondent/Defendant:

Movant (filing this motion):   Attorney of Record (if applicable):

RECITALS

WHEREAS, is a minor or an individual alleged to be incapacitated whose interests are implicated by the above-captioned action; and

WHEREAS, the subject matter of this litigation involves issues materially affecting the health, safety, or estate of the minor or alleged incapacitated person as described herein: ; and

WHEREAS, the appointment of a neutral guardian ad litem to represent and protect the best interests of the minor or alleged incapacitated person is necessary to ensure adequate representation and to assist the Court in making informed determinations.

NOW, THEREFORE, Movant respectfully requests that the Court enter an order appointing a guardian ad litem, and in support thereof states as follows:

1. JURISDICTION AND VENUE

This Court has jurisdiction over the parties and subject matter of this action and venue is proper in this Court because the events giving rise to this motion occurred in this county and the minor resides within the Court's territorial jurisdiction.

2. BACKGROUND

Brief statement of relevant facts:

3. BASIS FOR APPOINTMENT

The appointment of a guardian ad litem is warranted because the minor's interests may be adverse to those of the parties and because the minor lacks capacity to independently safeguard his or her legal interests in this proceeding. The guardian ad litem is necessary to investigate facts, consult with professionals as appropriate, participate in hearings, and make recommendations to the Court.

4. PROPOSED GUARDIAN AD LITEM

Movant represents that the proposed guardian ad litem has no conflict of interest that would materially affect the proposed guardian's ability to represent the best interests of the minor, and is able and willing to undertake the duties described below.

5. SCOPE OF DUTIES

The guardian ad litem shall have the authority to: investigate the facts and circumstances affecting the minor; interview witnesses and professionals; review relevant records; consult with counsel and experts; make recommendations to the Court concerning custody, treatment, settlement or other matters affecting the minor's welfare; and participate in hearings as necessary to protect the minor's interests. The guardian shall comply with all applicable rules of procedure and professional conduct.

6. NOTICE AND SERVICE

Movant certifies that notice of this motion will be served upon all parties of record and, if appointed, the guardian ad litem will be provided with copies of all pleadings and notices relevant to the matters within the guardian's duties.

Date of Service:

7. BOND OR SECURITY

Movant requests that the Court waive any requirement for a bond or surety for the guardian ad litem, or, in the alternative, set the amount and terms of any required bond consistent with the guardian's duties and the minor's interests. Any bond requirement should be reasonable and narrowly tailored.

8. FEES AND COSTS

Movant requests that the Court provide for the payment of reasonable fees and costs incurred by the guardian ad litem. Movant requests that such fees be paid by the parties in a manner the Court deems appropriate, or, if necessary, by the estate of the minor consistent with applicable law.

9. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court enter an order that:

1. Appoints as guardian ad litem for ;
2. Defines the duties and authority of the guardian ad litem as set forth above;
3. Determines any bond or security requirement and allocates fees and costs as the Court deems appropriate; and
4. Grants such other and further relief as the Court deems just and proper.

GOVERNING LAW

This Motion is governed by the laws and procedural rules of the State in which this Court sits and by the Court's inherent authority to appoint a guardian ad litem to protect the interests of minors and incapacitated persons.

ENTIRE AGREEMENT

This Motion constitutes the complete request of Movant for the relief sought herein. No representations, promises, or statements not set forth in this Motion are intended to be relied upon by the Court.

SEVERABILITY

If any provision of this Motion is held to be invalid or unenforceable, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions of this Motion are severable.

AMENDMENTS; WAIVER; NOTICES

Movant reserves the right to supplement or amend this Motion as additional information becomes available. No waiver of any provision hereof shall be effective unless in writing and signed by the party waiving such provision. All notices required by this Motion shall be served to the addresses provided herein.

CERTIFICATION

I certify under penalty of perjury under the laws of the State that the foregoing is true and correct to the best of my knowledge, information, and belief.

Sign Now