In Elektra v. Schwartz, where the defendant is a Queens woman suffering from Multiple Sclerosis, Magistrate Robert M. Levy has granted Ms. Schwartz's motion for appointment of a Guardian Ad Litem. The Magistrate further ruled that the guardian would not be paid for by any of the litigants, but by a special fund, up to a maximum of $3000.
The Magistrate stayed discovery pending the appointment of the Guardian Ad Litem.
April 12, 20067, Order of Magistrate Robert M. Levy Granting Defendant's Motion for Appointment of Guardian Ad Litem*
A guardian ad litem is a person -- usually an attorney -- appointed by a court, for the purposes of a specific litigation, to protect the interests of a person who is not in a position to protect him or her own interests, such as a minor, or a person who has a disability that might affect his or her decisionmaking or ability to assist his or her lawyer. Sometimes, in specialized types of litigation, the guardian ad litem may hire special counsel to assist the guardian.
A guardian ad litem was determined by the Court to be needed in Priority v. Brittany Chan, in Michigan, where the defendant was under 18 years of age.
* Document published online at Internet Law & Regulation
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