How Much Does A Guardian Ad Litem Cost CCP 373.5
Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer
California Code, Code of Civil Procedure – CCP § 373.5
§ 373.5. Appointment of guardian ad litem where unascertained persons of designated class are interested in property
If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are not in being, or a person or persons who are unknown, may be or may become legally or equitably interested in any property, real or personal, the court in which any action, petition or proceeding of any kind relative to or affecting the property is pending, may, upon the representation of any party thereto, or of any person interested, appoint a suitable person to appear and act therein as guardian ad litem of the person or persons not ascertained, not in being, or who are unknown; and the judgment, order or decree in the proceedings, made after the appointment, shall be conclusive upon all persons for whom the guardian ad litem was appointed.
The guardian ad litem shall have power, with the approval of the court in which the action, petition or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the persons for whom the guardian ad litem was appointed, and to satisfy any judgment or order in favor of the persons, or release, or discharge any claim of the persons pursuant to the compromise. The court shall have the same power with respect to the money or other property to be paid or delivered under such order or judgment as is provided in Section 372 of this code.
The reasonable expenses of the guardian ad litem, including compensation and counsel fees, shall be determined by the court and paid as it may order, either out of the property or by plaintiff or petitioner. If the expenses are to be paid by the plaintiff or petitioner, execution therefor may issue in the name of the guardian ad litem.
What Does This Mean?
Sometimes, there’s a situation where a group of people, who either aren’t known yet, haven’t been identified, or don’t even exist yet, might have a legal interest in property (like land, money, or valuable items). If a case about this property is happening in court, the court can appoint someone called a guardian ad litem to represent these unknown or future people.
The decisions made in court after the guardian ad litem is appointed will be final for the people they represent.
Example:
A person creates a trust saying, “This land will go to my grandchildren.” If that person doesn’t have grandchildren yet, the court can appoint a guardian ad litem to protect the interests of these future grandchildren during legal proceedings.
Powers of the Guardian ad Litem
The guardian ad litem can:
- Work out a settlement (compromise) with approval from the court.
- Agree to the court’s final decision on behalf of the people they represent.
- Handle payments, release claims, or give up rights to property if it’s part of the compromise.
Example:
The guardian ad litem might agree to sell a piece of land involved in the case and set aside the money for the future heirs.
Who Pays for the Guardian ad Litem?
The court decides how the guardian ad litem’s expenses, including lawyer fees, will be paid. These costs can come from:
- The property involved in the case.
- The person who started the case (like the plaintiff or petitioner).
If the plaintiff or petitioner has to pay and doesn’t, the guardian ad litem can enforce the court’s order to get the payment.
Example:
If the guardian ad litem’s lawyer fees are $5,000, the court might take that money from the property’s value or require the person who started the case to pay.