When a party before a court appears to be under a legal disability which would prevent him from being able to take part in legal proceedings, a court may appoint a guardian ad litem to assist the party to continue with its case. The purpose of this article is to give an overview of the statutory framework that governs the appointment of guardian ad litems, as well as discuss the powers an Article 12 Guardian Ad Litem has in the context of Family Court litigation.
At the outset, it should be noted that the term “guardian ad litem” is not statutorily defined in New York, though traditionally, a guardian ad litem for one under a disability functions as the litigant would function were it not for the disability.1 In New York State, there are two statutes under which a court may appoint a guardian ad litem to assist a party under a disability: Article 12 of the New York Civil Practice Law and Rules (“Article 12 GAL”) and Article 81 of the New York Mental Hygiene Law (“Article 81 GAL”). The roles of a guardian ad litem under Article 12 of the CPLR is much more prescribed that the role of a guardian ad litem appointed under Mental Hygiene Law Article 81.
