- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 09-01-2021
- Case #: A174698
- Judge(s)/Court Below: Tookey, P.J. for the Court; Egan, C.J.; & Mooney, J.
- Full Text Opinion
Plaintiff’s guardian ad litem filed a notice of appeal which the Appellate Commissioner agreed with Defendant in saying the guardian was prohibited from filing the notice. The Appellate Commissioner allowed guardian 30 days to retain legal representation for Plaintiff otherwise the appeal would be dismissed for lack of prosecution. Guardian sought reconsideration claiming he is “authorized to prosecute this case.” A guardian ad litem may be but is not required to be an attorney, they do not “step into the shoes” of the represented person for all purposes, nor do they become an attorney by serving as guardian ad litem. The guardian is neither a member of the Oregon state bad nor a party to the Plaintiffs case, he is not in a position to file an appeal on behalf of the Plaintiff. Guardian is not an attorney and it not authorized to prosecute this case. Reconsideration allowed; order of Appellate Commissioner adhered to.