In re Conservatorship of Soule
Annotate this CaseThree minor children had potential claims against their father (Father) and their father’s business arising out of an automobile accident that killed their mother. An attorney petitioned the district court to appoint a guardian ad litem (GAL) to determine if litigation was in the children’s best interests and counsel to pursue those claims on the children’s behalf. Father objected to the attorney’s application for the appointment of a GAL, contending that his family is financially secure and that pursuing further insurance coverage would be traumatic for his children. The district court determined that Father had a conflict of interest with the children because he would be the named defendant in a suit filed on their behalf and appointed a GAL to determine whether litigation was in the best interests of Father’s children. The Supreme Court affirmed, holding that the district court did not abuse its discretion in appointing a GAL to determine whether the pursuit of certain legal claims would be in the best interests of Father’s children.
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