387.305 Appointment of guardian ad litem -- Qualifications -- Duties -- Fees.

365 words·~2 min read·/ky/chapter-387/387-305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.