GAL question

[Luving StepMom]

A friend of mine recently received papers in the mail setting a court date and requesting to appoint the mother of his 2 kids as a guardian ad leitem for the purpose of a name change for the children (she's remarried).  

Do you know why she would ask to be appointed as a GAL rather than just ask for the name change?  

I have only heard of a GAL being appointed for custody, abuse, etc to represent the children as an third party, so how can the mother also be the GAL?

Thanks for your help....

[socrateaser]

>A friend of mine recently received papers in the mail setting
>a court date and requesting to appoint the mother of his 2
>kids as a guardian ad leitem for the purpose of a name change
>for the children (she's remarried).  
>
>Do you know why she would ask to be appointed as a GAL rather
>than just ask for the name change?  
>
>I have only heard of a GAL being appointed for custody, abuse,
>etc to represent the children as an third party, so how can
>the mother also be the GAL?
>
>Thanks for your help....

I really don't know. Guardian ad litem is a person appointed to represent someone's interests during pendency of a legal action. So, unless the mother is a licensed attorney, she cannot represent her children's interests in court.

And, even if she is an attorney, she has interests in the matter that conflict with the interests of her children. Where an actual conflict exists, a lawyer must decline the representation.

My guess is the mother is just ignorant about the legal process and is tossing around words without understanding their purpose.