D.M.A. v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants the petition to appoint Latasha Edwards as guardian ad litem for minor plaintiff D.M.A. in an action seeking judicial review of a final Social Security Administration decision. The court finds no apparent conflict between the mother’s interests and those of the minor and appoints her under Federal Rule of Civil Procedure 17(c) and Local Rule 202(a).

Holdings

1. A district court must appoint a guardian ad litem or issue another appropriate protective order when a minor or incompetent person is unrepresented in an action; under the circumstances presented, appointment of Latasha Edwards was appropriate.
2. A parent is not entitled as a matter of right to act as guardian ad litem for a child, although a parent may generally be appointed when the parent's interests do not conflict with the minor's interests.

Questions Presented

1. Whether Latasha Edwards should be appointed guardian ad litem for the minor plaintiff under Federal Rule of Civil Procedure 17(c)(2) and Local Rule 202(a).
2. Whether any apparent conflict of interest or other circumstance precluded D.M.A.'s mother from serving as guardian ad litem.

Disposition

other