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"Next Friend" and "Guardian Ad Litem" - Difference Between

An individual known as a next friend acts on behalf of another who lacks legal capacity, such as a minor. Next friends represent plaintiffs in lawsuits, while guardians ad litem represent defendants. State laws now govern the qualifications and duties of next friends, commonly referring to them as guardians ad litem. Both serve as officers of the court to represent minors or incompetent individuals in legal proceedings.

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Teh Hong Xhe
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1K views1 page

"Next Friend" and "Guardian Ad Litem" - Difference Between

An individual known as a next friend acts on behalf of another who lacks legal capacity, such as a minor. Next friends represent plaintiffs in lawsuits, while guardians ad litem represent defendants. State laws now govern the qualifications and duties of next friends, commonly referring to them as guardians ad litem. Both serve as officers of the court to represent minors or incompetent individuals in legal proceedings.

Uploaded by

Teh Hong Xhe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Next Friend and Guardian ad litem: Explains the legal terms 'Next Friend' and 'Guardian ad litem,' including their roles in legal actions for individuals unable to represent themselves.

Next Friend

An individual who acts on behalf of another individual who does not have the legal capacity to act on his or
her own behalf.
The individual in whose name a minor's lawsuit is brought, or who appears in court to represent such minor
's interest. TheFrench term prochein ami has been used to designate such an individual, but the term
Guardian Ad Litem is more commonly used.
At CommonLaw, when an individual was unable to look after his or her own interests or manage his or her
lawsuit, thecourt would appoint a person to represent that individual's legal interests. In court terminology th
is person was called a nextfriend, which is derived from the French term prochein ami. Individuals requiring
a next friend included minors, personswho were mentally ill or mentally retarded, infirm or senile persons, a
nd others whose disabilities prevented them frommanaging their affairs.
State statutes now set the qualifications and duties of a person who acts as a next friend, but these laws more
commonlydesignate this person a guardian ad litem, or a court-
appointed special advocate. Regardless of the designation, thisperson's responsibilities are now confined to r
epresenting a minor or incompetent person in a lawsuit or court proceeding.At common law, a next friend re
presented a plaintiff, whereas a guardian ad litem represented a defendant. This distinctionhas been removed
in modern law.
A next friend is not a party to a lawsuit but an officer of the court. When the lawsuit is concluded, the next fr
iend's dutyends. The next friend has no right to control the property of the person she or he represents or to a
ssume custody of thatperson. These rights may be given to a person designated by a court as a minor's or inc
ompetent person's guardian.
Guardians ad litem are commonly used in family and juvenile courts, where the best interests of the child re
quire anindependent, neutral person to safeguard the child's rights. The increased number of these representa
tives has led statesto develop training and certification programs for individuals wishing to serve as next frie
nds or guardians ad litem. Thoughattorneys also may represent juveniles, next friends provide valuable assis
tance to the courts.

“Next Friend” and “Guardian ad litem” – Difference Between


The only practical difference between a “next friend” and a “guardian ad litem”that the next friend is a person
who represents a minor who commences a lawsuit; guardian ad litem is a person appointed by the court to
represent a minor who has been a defendant in the suit. Before a minor commences suit, a conscious decision is
made concerning the deserving adult (next friend) through whom the suit will be instituted. The guardian ad
litem is appointed by court and whereas the next friend is not. The next friend and guardian ad litem possess
similar powers and responsibilities. Both are subject to control by the Court and may be removed by the Court if
the best interest of the minor so requires. Nagaiah v. Smt. Chowdamma, 2018 (129) ALR 285.

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