Family Act Article 16

The court may select from those suitable persons equipped with awareness of gender equality, respect for multiculturalism and relevant knowledge in dealing with family matters who are recommended by the social welfare authorities, by employees of social welfare agencies, or by law societies, associations of social workers or other similar associations to be a guardian ad litem.A guardian ad litem is granted the capacity, on behalf of and in the interest of the person under his or her guardianship, in performing every act with respect to court proceedings, as well as in independently filing an appeal, an interlocutory appeal, or otherwise raising an objection. Whereas an inconsistency exists between the acts of the guardian ad litem and the acts of the person who has the capacity to represent himself or herself in proceedings, the acts in question shall be those that are determined to be appropriate by the court.The effects of the designation of a guardian ad litem are not limited to the particular court instance at which such a designation was made.The court, upon the motion by a guardian ad litem, may make a ruling on the amount of his or her remuneration, taking into account the duty he or she has performed, the complexity of the matters, as well as all other relevant factors. The amount of the remuneration shall constitute part of the proceedings fees.The court, when considers it necessary, may order the parties or the interested parties, within a designated period of time, to satisfy in advance the amount of remuneration provided in the preceding paragraph. Nonetheless, when an advanced satisfaction of the remuneration is manifestly difficult to be met, the national treasury may disburse all or a part of the amount of remuneration. With regard to remuneration to a guardian ad litem designated on the court’s own initiative, the remuneration due may also be disbursed in advance by the national treasury.Detailed regulations governing the selection and designation of a guardian ad litem, the assessment of the amount of remuneration due, the satisfaction of the remuneration, as well as its advanced disbursement by the national treasury, shall be prescribed by the Judicial Yuan.