(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
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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