The Difference Between a Guardian and a Guardian ad Litem

It is not uncommon for people to talk to estate planning attorneys about concerns they have surrounding guardians and a guardian ad litem. Some of these questions involve the idea of a guardian ad litem. While guardians and guardians ad litem serve similar purposes, they also have very different roles in the law. To help clarify and prevent any potential confusion, today we re going to take a closer look at the difference between a guardian and a guardian ad litem. Guardians and Guardianships A guardian is someone who has the legal authority to care for a person who cannot make decisions on his or her own, or who is otherwise incapacitated and unable to care for him or herself. A guardian can be any person, or even an institution, that is legally capable of making decisions on behalf of someone else. Only a Florida court can appoint a guardian, though in some situations other people can influence or direct the courts decision. A guardianship proceeding is the legal process in which a


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