Inherent authority to appoint GAL for minor litigant

Litigation, Other subject area

Illinois courts have also said that “[c]ourts have inherent power to appoint a guardian ad litem for a minor involved in litigation; in fact, the trial court has a duty to ensure adequate representation of the minor's interest.”  In re Marriage of Vucic, 576 N.E.2d 406, 411 (Ill. App. Ct. 1991); see also In re Estate of Green, 835 N.E.2d 403, 407 (Ill. App. Ct. 2005) (“minor guardianships are derived from the common law and, therefore, a trial court inherently is empowered to appoint a guardian independent of any authority given to the courts under the Act.”).  However, no authority was found to indicate that the guardian ad litem must be an attorney.

Appointment of Counsel: discretionary Qualified: yes