Legal Question in Personal Injury in Pennsylvania
Guardian ad litem and pro se
Our mother was hit by a car a couple years ago (hardly survived). We (her sons) filed a lawsuit with her and two of us as Plaintiff's, in Pro Se. Judge removed two of us as Plaintiff's and only mother remains as Plaintiff. We petitioned to be mother's guardians ad litem (have had power of attorney,--name removed--facto and--name removed--jure we are her guardians -- she is seriously ill and has memory lapses and cannot conduct her own affairs). Judge denied, then approved that we be our mother's Guardians ad Litem. Both the opposing lawyer and the judge pressed us to get a lawyer ratehr than go pro se. We did, but it was so bad and unprofessional that we are dropping her (by mutual consent). We prefer to continue this Pro Se. Is there any statute of the law that would prevent us to represent (not as lawyers) our mother as her guardians ad litem in court proceedings, such as take depositions, oppose and file motions, etc. If there is a ptoblem with this can you state exactly what would bar guardians ad litem to represent their mother. Kindly research this thoroughly so you give us an informed answer.
If mother wants to--name removed--Pro Se (but cannot) and we are not allowed to represent her, isn't it then depriving our mother
2 Answers from Attorneys
Re: Guardian ad litem and pro se
It is dangerously stupid for a non-lawyer to try and represent himself or a family member. Especially with a very important case, you need counsel. It can take time to find a lawyer who you trust and feel is competent, but there are plenty out there. Please don't do this yourself.
Re: Guardian ad litem and pro se
The law does not permit you to represent your mother. Any type of representation in a court proceeding by a non-lawyer is consider an unauthorized practice of law. As a practical matter you should have a lawyer represent you. Based on your discription, you have been getting push around by the opposing lawyers, most likely because of your unfamiliarity with the legal system and its procedures. Moreover, a Judge has directed you to get an attorney. Your failure to so will agitate the Judge which would seriously compromise your case. Retain an attorney, most will handle this type of matter on a contingency fee basis (i.e. you don't pay counsel fees unless you recover). I am available for a free consultation. Good Luck.
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