Guardians Ad Litem (GAL)

Guardian ad litem (GAL) means “guardian for the suit.” A guardian ad litem in Virginia is an attorney appointed by a judge to assist the court in determining the circumstances of a matter before the court. It is the responsibility of the guardian ad litem to provide independent recommendations to the court about the client’s best interests, which can be different from advocating for what the client wants, and to bring balance to the decision-making process. The GAL may conduct interviews and investigations, make reports to the court, and participate in court hearings or mediation sessions.

The Office of the Executive Secretary, Supreme Court of Virginia, maintains lists of attorneys who are qualified guardians ad litem. There are two separate guardian ad litem programs: one for children and one for incapacitated persons. The children’s program qualifies attorneys for appointment as guardians ad litem for children in juvenile and domestic relations district courts and circuit courts. The incapacitated persons program qualifies attorneys for appointment as guardians ad litem for incapacitated persons (adults) pursuant to Chapter 20 of Title 64.2 in guardianship and conservatorship proceedings in the circuit courts.

• Guardians Ad Litem for Children
• Guardians Ad Litem for Incapacitated Persons Pursuant to Chapter 20 of Title 64.2

The appointment of a guardian ad litem (GAL) is the prerogative and responsibility of the court hearing a case in which such an appointment is authorized. Because the appointing court is in the best position to observe the quality of the representation provided by the GAL, it is the responsibility of the appointing court to make a determination about the quality of the guardian ad litem's performance.

If the judge believes that an unsatisfactory level of performance has been provided in any given case, the appointing court can reduce or eliminate the payment sought by the GAL for the services rendered and can remove the lawyer from the case and from the list of attorneys eligible for GAL appointments in that court. The Office of the Executive Secretary does not have the authority to investigate or take disciplinary action against a GAL.

If you believe that the GAL appointed to your case has engaged in misconduct in violation of a legal ethics rule, you may file a misconduct inquiry about the attorney with the Virginia State Bar. You may contact the Virginia State Bar at (804) 775-0500 or visit www.vsb.org for additional information about filing a misconduct inquiry.