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Legal Definitions - special advocate

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Definition of special advocate

A special advocate is a type of guardian ad litem who is appointed by the court to represent the best interests of an incompetent or minor party in a lawsuit. They are usually lawyers and may have limited or specific powers over the ward's person or estate. The distinction between a special advocate and a guardian ad litem is important because it affects the attorney's ability to file motions, examine witnesses, file reports with the court, and testify.

For example, in a child custody case, a special advocate may be appointed to represent the child's interests and make recommendations to the court regarding custody and visitation. The special advocate may interview the child, parents, and other relevant parties to gather information and make a recommendation to the court.

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Simple Definition

A special advocate is someone who helps take care of a person who cannot take care of themselves. They are usually appointed by a court to help someone who is too young, sick, or disabled to make decisions for themselves. A special advocate can be a lawyer or another trusted person who looks out for the best interests of the person they are helping. They may have limited powers or responsibilities, depending on what the court decides.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

✨ Enjoy an ad-free experience with LSD+