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387.305 Appointment of guardian ad litem -- Qualifications -- Duties
(1)
(2)
(3)
(4)
(5)
Fees.
No appointment of a guardian ad litem shall be made until the defendant is
summoned, or until a person is summoned for him, as is authorized by law; nor
until an affidavit of the plaintiff, or of his attorney, be filed in court, or with the
clerk, showing that the defendant has no guardian, curator, nor conservator,
residing in this state, known to the affiant.
A guardian ad litem must be a regular, practicing attorney of the court and may
be appointed by the court, whether a guardian, curator, or conservator appear
for the defendant or not. The guardian ad litem may be appointed upon the
motion of the plaintiff or of any friend of the defendant; but neither the plaintiff
nor his attorney shall be appointed, nor be permitted to suggest the name of
the proposed guardian ad litem; and the court may change the guardian so
appointed whenever the interest of the infant may appear to require such
change.
It shall be the duty of the guardian ad litem to attend properly to the preparation
of the case; and in an ordinary action he may cause as many witnesses to be
subpoenaed as he may think proper, subject to the control of the court; and in
an equitable action he may take depositions, not, however, exceeding three
(3), without leave of the court.
The court shall allow to the guardian ad litem a reasonable fee for his services,
to be paid by the plaintiff and taxed in the costs. The affidavit of such guardian,
or of another person, or other competent evidence, is admissible to prove the
services rendered, but not to prove their value. The court must decide
concerning such value, without reference to the opinions of parties or other
witnesses.
Whether appointed pursuant to this statute or pursuant to a provision of the
Kentucky Unified Juvenile Code, the duties of a guardian ad litem shall be to
advocate for the client's best interest in the proceeding through which the
guardian ad litem was appointed. Without an appointment, the guardian ad
litem shall have no obligation to initiate action or to defend the client in other
proceedings.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 294, sec. 1, effective July 15, 1996. -Amended 1982 Ky. Acts ch. 141, sec. 142, effective July 1, 1982. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 345, effective January 2, 1978. -Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 38.
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