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When Does a Guardian ad Litem Lose Immunity?


Guardians ad Litem (GALs) typically have qualified immunity when performing their duties, which means they are generally protected from being liable for actions taken within the scope of their official. However, this immunity is not absolute and there are circumstances under which a GAL may lose immunity. Here are some situations where a GAL might lose immunity:


1. Gross Negligence: If a GAL acts with gross negligence or in a reckless that goes beyond the scope of their duties, they may lose their immunity protection.


2. Intentional Misconduct: If a GAL intentionally engages in wrongful conduct, such as fraud, abuse of authority, or discriminatory behavior, they may lose immunity.


3. Violation of Statutory Duties: If a GAL violates specific statutory requirements or acts outside the bounds of their court-appointed role, they may lose immunity.


4. Failure to Act in Good Faith: If a GAL acts in bad faith, demonstrates bias, or fails to fulfill their duties honestly and in accordance with the law, they may lose their immunity protection.


If a GAL's actions fall into any of these categories, it may be possible to pursue legal action against them without the shield of immunity. It's important to consult with a legal professional who specializes in these matters to determine whether immunity applies in a specific case and what legal options are available.

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