Paralegal Advanced Competency Exam (PACE) Practice Exam

Who typically appoints a guardian ad litem?

1. The parties involved in a dispute

2. The judge in the court case

3. The attorney for the plaintiff

4. The defendant's legal representative

The correct answer is: The judge in the court case

A guardian ad litem is typically appointed by the judge in a court case. This role is designed to represent the best interests of a minor or an incapacitated person during legal proceedings. The court finds it essential to have an advocate who can provide an independent assessment regarding the rights and well-being of individuals who may not be able to represent themselves effectively in legal matters. The judge has the authority to determine when a guardian ad litem is necessary, often in cases involving child custody, protective proceedings, or other situations where the interests of vulnerable parties need special representation. This appointment is not something that can be decided or arranged among the parties involved in the dispute, as it is a judicial function aimed at ensuring fairness and protecting the interests of those unable to advocate for themselves.