Guardian Ad Litem

In Mississippi, there are two situations when the Court can appoint a guardian ad litem.  Where there are sworn accusations abuse and/or neglect, the appointment of a Guardian Ad Litem is mandatory pursuant to Mississippi Code Annotated §93-11-65 and which the failure to appoint a guardian ad litem under the circumstances constitutes reversible error.  See In re Adoption of E.M.C., 695 So.2d 576, 581 (Miss. 1997).  ( The failure to appoint a guardian ad litem under a mandatory statute requires reversal.)  Chancellors are the “superior guardians” of minor children in the State of Mississippi. See In the Matter of the Adoption of D.N.T., 843 So. 2d 690, 713 (Miss. 2003). Additionally, “The chancery courts are guardians ‘ of all minor children’ in their districts and may appoint guardians ad litem as needed.” Adams v. Adams, 467 So. 2d 211, 216 (Miss. 1985). 

As seen above, there are situations where the Court has no discretion on whether to appoint a guardian ad litem and situations where the Court may appoint a guardian ad litem.  I have and continue to serve as a guardian ad litem on a number of cases which allows me to look at a case from multiple viewpoints.

Here is your deep legal thought of the day based on the caselaw above.  Say the Court fails to appoint a guardian ad litem on a case where the appointment is mandatory and the appeal period runs.  Does the failure to appoint the guardian ad litem render the prior judgment void?  There appears to be no caselaw on point but appears to be an argument that the appointment of a guardian ad litem is a substantive right in these cases which is typically not waivable.  Some food for thought.