Curator ad litem

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A curator ad litem is a legal representative in Scots law [1] and Roman-Dutch law [2] appointed by a court to represent, during legal proceedings, the best interests of a person who lacks the mental capacity to make decisions for themselves. A curator may be appointed for a child or for a person who is mentally or physically incapacitated. The corresponding office in English common law is that of guardian ad litem.

Ad litem is a term used in law to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party such as a child or an incapacitated adult, who is deemed incapable of representing himself. An individual who acts in this capacity is generally called a guardian ad litem in such legal proceedings; in Scotland, curator ad litem is the equivalent term. This term is no longer used in England and Wales since the amendment of the Children Act 1989, which established the role of children's guardian instead. The United States legal system, which at its inception was based on the English legal system, continues to use the terms "guardian ad litem" and "attorney ad litem."

Scots law hybrid legal system of Scotland, containing civil law and common law elements

Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.

Roman-Dutch law is an uncodified, scholarship-driven, judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principals of the Roman-Dutch system are still applied actively and passively by the courts of former British colonies of South Africa, Guyana, Sri Lanka, former Dutch colonies of Suriname, Indonesia, and formally Indonesia-occupied East Timor. It was largely drawn upon by Scots law. It also had some minor impact on the laws of the American state of New York, especially in introducing the office of Prosecutor (schout-fiscaal).

The difference between a curator ad litem and an ordinary legal representative is that the curator does not have to follow the client's instructions, but must independently act in their best interest. In Scotland curators ad litem are usually solicitors; in South Africa they are usually advocates.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Advocate profession

An advocate is a professional or non-Professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law-based jurisdictions could be a barrister or a solicitor. However, in Scottish, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.

See also

A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Guardians are typically used in three situations: guardianship for an incapacitated senior, guardianship for a minor, and guardianship for developmentally disabled adults.

In Scots and Roman-Dutch laws, a curator bonis is a legal representative appointed by a court to manage the finances, property, or estate of another person unable to do so because of mental or physical incapacity. The corresponding office in common law is that of conservator or guardian of the property.

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Conservatorship is a legal concept in the United States. A guardian or a protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age. A person under conservatorship is a "conservatee," a term that can refer to an adult. A person under guardianship is a "ward," a term that can also refer to a minor child.

International Criminal Tribunal for Rwanda International court established by the United Nations Security Council in Resolution 955

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Queens Counsel jurist appointed by letters patent

A Queen's Counsel, or King's Counsel during the reign of a king, is an eminent lawyer who is appointed by the monarch to be one of "Her Majesty's Counsel learned in the law." The term is recognised as an honorific. The position exists in some Commonwealth jurisdictions around the world, but other Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the bar of court.

Probate proving of a will

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence [or real property] of the deceased at time of death in the absence of a legal will.

Personal representative

In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, punctilio of honor, or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.

In common law, a next friend is a person who represents another person who is under disability or otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian. In England and Wales they are known as litigation friends. When a relative who is next of kin acts as a next friend for a person, that person is sometimes instead described as the natural guardian of the person. A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness.

In United States law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify. The English equivalent is fitness to plead.

In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the non-custodial parent, according to an agreed or court specified parenting schedule. The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.

Residence may refer to various parts of English law including taxation, immigration, and family law. This article deals exclusively with English family law. See residence in English law for disambiguation.

A youth advocate is an adult who acts in the best interests of the youth that they are working with. The overall purpose of a youth advocate is to ensure that youth maintain their human rights while aiding in skill development in all areas of life such as education, health, housing, employment, relationships, etc. A youth advocate aims to prevent youth from experiencing diminished self-esteem while interacting with adults who hold professional authoritative roles in their life. Examples of these adults are judges, lawyers, teachers, etc. Travis Lloyd, a speaker on the subject, describes a youth advocate as one who plays a significant supportive role in the social and legal processes in the lives of young people, especially homeless and foster youth who lack family support. In consideration of the legal aspects, the National Association of Youth Courts describes a youth advocate as a person who provides support to a youth respondent or defendant during a hearing.

Árpád Prandler Judge of the International Criminal Tribunal for the former Yugoslavia

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<i>Du Toit v Minister for Welfare and Population Development</i>

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A mental health tribunal is a specialist tribunals (hearings) empowered by law to adjudicate disputes about mental health treatment, primarily by conducting independent reviews of patients diagnosed with mental disorders who are detained in psychiatric hospitals, or under outpatient commitment, and who may be subject to involuntary treatment.

<i>Ex Parte Meier</i>

Ex Parte Meier en Andere, an important case in South African succession law, concerned an application for the appointment of a curator bonis to manage the estate of a patient, one Armin Karel Meier. An order was also claimed that the patient was entitled to inherit from his father's estate. It appeared that the patient, while mentally disturbed, had on May 18, 1977, shot and killed his father, in "an apparently unmotivated, cold-blooded shooting." Utilising the maxim “waar daar geen skuld is nie, is daar geen stra nie”—where there is no fault, there is no punishment—the court held that the patient was not an indignus, and that he lacked the criminal responsibility to be found guilty of the crime. Accordingly, he was entitled to inherit from his father's estate.

Gafin NO v Kavin, an important case in South African succession law, concerned an application for a declaratory order. AJ Horwitz for the applicant; LI Goldblatt appeared as curator ad litem. The applicant's attorneys were Singer, Horwitz & Robin.

Florence Rita Arrey is a Cameroonian judge who was the first female Chief Justice of the Court of the Appeal. She has served on the Supreme Court of Cameroon, and is a Vice President of the International Criminal Tribunal for Rwanda. In 2014, she was appointed Director of Judicial Professions in the Cameroonian Ministry of Justice.

Minnie Gonzalez is an American politician who has been a member of the Connecticut House of Representatives since 1997, serving the 3rd district in Hartford. She is the Deputy Majority Leader since 2017.

References

  1. "Chapter 9 Rules of court : curators and reporters". Report by the Research Working Group on the Legal Services Market in Scotland. Scottish Government. April 2006. Retrieved 15 February 2017.
  2. ""Appointing a curator ad litem - are we applying the law correctly? De Rebus 96, June 2014:30". South African Legal Information Institute. 2014. Retrieved 15 February 2017.