Does a Guardian ad Litem Have to Be an Attorney? State Rules Explained

By Abbie Obenour, Esq. Founder and Managing Partner | The Obenour Legal Group, LLC | Ohio Guardian ad Litem & Family Law Attorney | Last reviewed: September 2026

Does a guardian ad litem have to be an attorney? Sometimes – but not everywhere, and not in every kind of case. The title “guardian ad litem,” or GAL, is used differently across the United States. In some states and proceedings, the court must appoint a licensed lawyer. In others, a trained non-lawyer volunteer or other qualified adult may serve, often with separate legal counsel available to the child or the program.

That makes a simple 50-state yes-or-no list misleading. A state may require an attorney GAL in child-custody or abuse-and-neglect proceedings but allow a non-attorney GAL in another civil matter. The controlling source is the statute, court rule, and appointment order for the particular proceeding.

The examples below use current statutes and court materials to show how the approaches differ. They are not a substitute for checking the current rule in the state and case type involved.

Short Answer: Do You Have to Be a Lawyer to Be a Guardian ad Litem?

No nationwide rule requires every guardian ad litem to be a lawyer. The answer depends on at least three questions:

• Which state has jurisdiction?
• What type of case is pending – custody, dependency, abuse or neglect, guardianship, probate, or another civil proceeding?
• Is the court appointing a GAL, an attorney for the child, a CASA/volunteer advocate, or a combination of those roles?

Those distinctions matter because the same label can describe materially different responsibilities from one jurisdiction to another.

Which States Require Guardian ad Litems to Be Attorneys?

Several states require attorney GALs in specified proceedings. The following are verified examples as of September 2026; this is not presented as an exhaustive 50-state list because the rule can change by case type within the same state.

Pennsylvania: Attorney GALs Are Expressly Required in Key Child Cases

Pennsylvania provides one of the clearest examples. In child-custody cases, Pennsylvania custody GAL statute – 23 Pa.C.S. § 5334 states that a guardian ad litem appointed for the child “must be an attorney at law.” The dependency statute, 42 Pa.C.S. § 6311, uses the same requirement for a GAL appointed to represent a dependent child.

Virginia: The GAL Is an Attorney in Covered Juvenile Proceedings

Virginia law requires the court to appoint a “discreet and competent attorney-at-law” as guardian ad litem before hearings involving children alleged to be abused or neglected, certain entrustment matters, termination of residual parental rights, and other listed juvenile proceedings. Virginia also maintains qualification standards and a list of attorneys eligible for GAL appointments.

Virginia Code § 16.1-266 – appointment of counsel and GAL

Virginia Code § 16.1-266.1 – GAL attorney standards

West Virginia: Family Court GALs Must Be Licensed Attorneys

West Virginia’s Rules of Practice and Procedure for Family Court state that a guardian ad litem appointed in family court shall be an attorney licensed to practice law. The same state demonstrates why broad statements are risky: a different statute governing certain magistrate-court civil actions allows appointment of a suitable GAL who is not required to be an attorney.

West Virginia Family Court Rules – Guardian ad Litem

West Virginia Code § 50-5-3 – magistrate-court GAL

States Where a Non-Attorney May Serve in Some GAL Roles

Florida: A Multidisciplinary Model

Florida is not accurately described as a state where every GAL must personally be a lawyer. Florida juvenile rules allow a GAL to be an attorney or another responsible adult in covered proceedings, and Florida’s statutory definition also encompasses certified volunteers and other appointed adults.

At the same time, the Florida Statewide Guardian ad Litem Office uses a multidisciplinary team that always includes a Guardian ad Litem Attorney, a child-welfare professional, and, when available, a trained volunteer or pro bono attorney. The volunteer and the attorney therefore do not perform identical functions.

Florida Statewide Guardian ad Litem Office – how the team works

Florida Rules of Juvenile Procedure – GAL qualifications

Ohio: Attorneys and Other Professionals Can Serve

Ohio Supreme Court guidance expressly describes its GAL pre-service training as appropriate for “attorneys and other professionals” interested in appointment. That means a law license is not a universal prerequisite for every Ohio GAL appointment covered by the rule.

An attorney GAL may also serve in a legal-representation role in circumstances permitted by Ohio law and court rules, but the GAL’s best-interest function should not be casually treated as identical to a child-directed attorney-client relationship.

Supreme Court of Ohio – Guardian ad Litem Rule FAQ

Minnesota: The Statute Separates the GAL From Counsel

Minnesota’s child-protection statute assigns investigative and best-interest duties to the GAL and expressly allows the court to appoint separate counsel for the guardian ad litem if necessary. That structure is inconsistent with treating the GAL position itself as an attorney-only role in every case.

Minnesota Statutes § 260C.163, subd. 5 – guardian ad litem

Why the Case Type Matters as Much as the State

A search for “which states require guardian ad litems to be attorneys” can miss the most important issue: GAL rules are often proceeding-specific. A state may have one rule for child dependency, another for private custody, another for an allegedly incapacitated adult, and another for a minor party in ordinary civil litigation.

Before relying on a statewide summary, check the section of law governing the actual case. The appointment order can also matter because it defines the GAL’s authority and duties.

Guardian ad Litem vs. Attorney for the Child

A guardian ad litem is usually appointed to investigate and advocate for a person’s best interests. An attorney for a child ordinarily has professional duties associated with legal representation, including duties of loyalty and confidentiality, and may be required to advocate for the client’s expressed objectives when the child has capacity to direct the representation.

Those roles sometimes overlap, but they should not be treated as interchangeable. State terminology varies, and some jurisdictions use titles such as attorney ad litem, counsel for the child, child’s attorney, or best-interest attorney.

This distinction is one reason the current appointment order and governing rule are more reliable than the job title alone.

What Qualifications Can Apply to a Non-Attorney GAL?

Allowing a non-lawyer to serve does not mean the court appoints anyone without screening. Depending on the jurisdiction and program, requirements may include:

• background checks;
• pre-service training;
• continuing education;
• supervision by program staff;
• conflict-of-interest screening;
• regular contact with the child;
• review of records and interviews with caregivers, teachers, and professionals;
• written reports or recommendations to the court.

The exact training hours and duties should be taken from the current state or local court rule rather than generalized from another jurisdiction.

What Does a Guardian ad Litem Actually Do?

The assignment varies, but a child-focused GAL commonly gathers information relevant to the child’s safety and welfare, meets with the child when appropriate, reviews records, speaks with people who know the family, participates in hearings, and provides the court with recommendations or advocacy tied to the governing best-interest standard.

A GAL does not decide the case. The judge remains responsible for the ruling and may accept, reject, or give limited weight to the GAL’s recommendations.

Can a GAL Give Legal Advice to a Parent?

Generally, no. A GAL appointed for the child or another protected person is not the parent’s lawyer. Parents should not assume that conversations with the GAL are confidential in the same way as communications with their own attorney. A GAL may need to report relevant information to the court.

If a parent needs advice about custody, evidence, objections to a GAL report, or procedural rights, that advice should come from the parent’s own lawyer or another appropriate legal resource.

Ohio Perspective: Why Role Clarity Matters

Ohio is a useful example because it permits attorney and non-attorney GALs under its statewide framework. The Ohio Supreme Court’s rules focus heavily on training, investigation, reporting, and the child’s best interests rather than making a law degree the sole qualification.

The distinction also matters when an attorney is asked to perform more than one role. Courts must be alert to conflicts between best-interest recommendations and direct legal representation. A title that sounds similar can carry different ethical duties.

For related Ohio context, see Find Attorneys’ guide to moving with a child during or after divorce in Ohio.

For broader child-custody context, see How Grandparents’ Rights Are Handled in Family Law Cases.

How to Check the Rule in Your State

1. Identify the exact proceeding: private custody, dependency, abuse or neglect, guardianship, probate, or another civil case.
2. Read the state statute and statewide court rule governing that proceeding.
3. Check local court rules and any approved GAL roster or qualification standards.
4. Read the appointment order to see whether the GAL is acting as counsel, best-interest advocate, investigator, or some combination.
5. Verify whether separate counsel is required or permitted for the child or protected person.

Because these rules change, a national article should be used as a starting point, not as proof that a person is or is not legally qualified for a particular appointment.

Frequently Asked Questions

Does a guardian ad litem have to be an attorney?

Not always. Some states require attorney GALs in specified proceedings, while others permit trained non-attorneys. The answer depends on the state, case type, court rule, and appointment order.

Do you have to be a lawyer to be a guardian ad litem in Pennsylvania?

For the Pennsylvania child-custody and dependency statutes discussed in this article, yes. Both 23 Pa.C.S. § 5334 and 42 Pa.C.S. § 6311 state that the GAL must be an attorney at law.

Does a guardian ad litem have to be an attorney in Virginia?

In the child abuse, neglect, entrustment, termination, and other juvenile proceedings covered by Va. Code § 16.1-266, the appointed GAL is an attorney-at-law.

Can a non-lawyer be a guardian ad litem in Florida?

Yes, in some Florida GAL roles. Florida law and juvenile rules recognize trained volunteers and other responsible adults, while the Statewide Guardian ad Litem Office uses a multidisciplinary team that includes a GAL attorney.

Do you have to be a lawyer to be a guardian ad litem in Ohio?

Not for every Ohio GAL appointment. Ohio Supreme Court materials refer to both attorneys and other professionals serving as GALs, subject to the applicable training and appointment rules.

Is a guardian ad litem the same as the child’s lawyer?

Not necessarily. A GAL generally focuses on best interests; a child’s lawyer may owe duties tied to the child’s expressed objectives and attorney-client relationship. States use different terminology and can combine or separate the roles.

Can a guardian ad litem represent a parent?

A GAL appointed for the child or another protected person is not the parent’s lawyer. A parent should obtain separate legal advice about the parent’s own rights.

Why can the answer differ within the same state?

States often use different statutes and rules for private custody, dependency, guardianship, probate, and ordinary civil litigation. West Virginia, for example, requires licensed-attorney GALs in Family Court but permits a non-attorney GAL in certain magistrate-court civil actions.

How do I know whether my GAL is required to be an attorney?

Check the statute and court rule governing the exact proceeding, then read the appointment order. A state or local court may also maintain qualification rules or an approved GAL roster.

Authorities & Sources

• Pennsylvania – 23 Pa.C.S. § 5334, Guardian ad litem for child
• Pennsylvania – 42 Pa.C.S. § 6311, GAL in dependency proceedings
• Virginia Code § 16.1-266 – Appointment of counsel and guardian ad litem
• Virginia Code § 16.1-266.1 – Qualification standards
• West Virginia – Rules of Practice and Procedure for Family Court
• West Virginia Code § 50-5-3 – Magistrate-court GAL
• Florida Statewide Guardian ad Litem Office
• Florida Rules of Juvenile Procedure
• Supreme Court of Ohio – Guardian ad Litem Rule FAQ
• Minnesota Statutes § 260C.163 – Guardian ad litem

Disclaimer

This article provides general legal information and is not legal advice. Guardian ad litem qualifications, duties, attorney requirements, training standards, and appointment procedures vary by state and by the type of proceeding, and they can change through statutes, court rules, and local practice. The examples above are not an exhaustive 50-state survey. Always check the current law and appointment order for the specific case. Reading this article does not create an attorney-client relationship.