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What’s a Litigation Guardian?

A small child holding an adult's hand

Lawyers present legal options to their clients, make recommendations, and receive instructions on how to proceed. The foundational principle is that the client remains in control of their proceeding. However, when a client is incapable of providing instructions, and therefore incapable of controlling their proceeding, another party must become involved, and that party is the Litigation Guardian. The Law A person unable to instruct counsel …