In most states, a minor is a person who has not yet reached the age of 18. Since a minor does not have the legal capacity to sue or be sued, a court generally appoints a "guardian ad litem" to act on the minor's behalf.

The duties of a guardian ad litem is specific to his or her appointment and may include the filing of a lawsuit, defending a lawsuit, or filing a claim on behalf of the minor against an estate. The guardian ad litem must fulfill their duties by acting in the best interest of the minor, which may include retaining the services of an attorney when appropriate.

Who Can Be Guardian?
Persons typically appointed guardians ad litem are:
 

• One or both parents of the child

• Close friends of the minor or the minor's family

A guardian ad litem cannot be a minor, or have any conflicting interests with the minor. Severe legal incompetence may also prevent someone from becoming a guardian ad litem. Some jurisdictions have statutes defining the persons who may become guardians ad litem.

Appointment of Guardian ad Litem
If the child is old enough to make a choice (age 14 in most states), he or she can accept a particular guardian ad litem, or name his or her own guardian ad litem.

The actual appointment in court does not always have to be formal. The process depends on the jurisdiction. In some states, such as California, a guardian ad litem is usually appointed by the court without a hearing. In such states, the applicant files the proper application with the court, and the court issues an order appointing the person as guardian ad litem.

If no guardian ad litem was appointed, the case may proceed, but the minor may be able to ask for reversal or at least a new trial (in the event the matter is resolved against the minor). Some jurisdictions require that the minor shows that there was prejudice, and that his or her legal rights were not sufficiently protected as a result. Other jurisdictions hold that not having adequate representation automatically results in a new trial.

Powers and Limitations
The guardian ad litem's basic power is to do whatever is necessary to protect the minor's rights. He or she may propose a settlement, which requires the court's approval. However, the power of the guardian ad litem is limited to the proceedings of the particular case. Once the case is over, the authority of the guardian ad litem ends.