guardian ad litem is a legal term that translates to "guardian ad litem; Project Protector; Guardian; Legal guardians. " means a person designated by a court to take legal action against a minor or adult who is unable to conduct his or her own affairs.
guardian ad litem：a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. duties may include filing a lawsuit for an injured child, defending a lawsuit or filing a claim against an estate. usually a parent will file a petition to be appointed the guardian ad litem of a child hurt in an accident at the same time the lawsuit is filed.
In China, a legal guardian refers to a person who serves as the guardian of a person with no or limited capacity for civil conduct and performs guardianship duties in accordance with the direct provisions of the law. According to the provisions of the General Principles of Civil Law, legal guardians include the legal guardians of minors and the legal guardians of mentally ill persons.
There are three types of legal guardians for minors:
1. Parents of minors;
2. Grandparents of minors, other close relatives and friends;
3. Legal person organizations such as the minor's parents' unit or the residents' committee, villagers' committee, or civil affairs department for the minor's residence. The order of serving as guardians is determined according to the proximity of blood relations and organizational relations, with the former excluding the latter in the order of exclusion.
There are four types of legal guardians for the mentally ill:
1. Spouse, parents, and adult children.
2. Other close relatives such as grandparents, maternal grandparents, brothers and sisters who have guardianship ability.
3. Other close relatives and friends.
4. The residents' committees and villagers' committees of the mentally ill person's unit or place of residence, and the local civil affairs department.
Refer to bilingual example sentences:
this is to ensure that a person under disability will not be denied access to justice simply because no one is willing to act as his next friend / guardian ad litem in court proceedings.
This ensures that incapacitated persons are not denied access to justice because they are not willing to represent them in court as a protector or guardian ad litem.
the committee, therefore, invites the state party to adopt immediate measures to ensure that a guardian ad litem or advisor be appointed for all separated and unaccompanied children irrespective of whether they h**e made a protection application or not.
The Committee therefore requests the State party to take immediate measures to ensure that all separated and unaccompanied children are appointed a guardian ad litem or consultant, irrespective of whether or not they apply for protection.
subject to appointment by the court or the discretion of the official solicitor as appropriate, the official solicitor can act as next friend/guardian ad litem to any person under disability in proceedings before any courts in hksar.
Official solicitors may, acting as protector ad litem or guardian ad litem, acting as protector ad litem or guardian ad litem, act in proceedings for an incapacitated person in any court of the HKSAR.
we therefore suggest that such amendments be made when the next opportunity arises, e.g. in the context of the rectification exercise co-ordinated by the department of justice or when we review the fee for director of social welfare when acting as the guardian ad litem (rule 8 of the adoption rules and rule 11 of the convention adoption rules refer).
We therefore propose to leave the amendments to a future opportunity, for example in the context of the comprehensive amendments co-ordinated by the Department of Justice or when we review the fees for the Director of Social Welfare to act as guardian ad litem (please refer to section 8 of the Adoption Rules and section 11 of the Convention Adoption Rules).
the originating summons must ask for the appointment of a guardian ad litem and must be supported by an affid**it by the applicant setting out the facts together with the consent to act in writing of the proposed guardian ad litem; and (b) a copy of the originating summons shall be served on the director, and the judge may appoint such person as he thinks fit to be the guardian ad litem.
Any person who is habitually resident in Hong Kong wishes to make an application under section 20e(2) of the Convention within the meaning of Article 14 of the Convention, that person shall apply to the Director for an assessment of his suitability to act as an adoptive parent of a minor person habitually resident in any State Party.