Guardian ad litem; appointment
Sec. 3. (a) Unless waived under subsection (b) or if section 4 of
this chapter does not apply, the court shall appoint a guardian ad
litem to represent the interests of the alleged incapacitated person or
minor if the court determines that the alleged incapacitated person or
minor is not represented or is not adequately represented by counsel.
If not precluded by a conflict of interest, a guardian ad litem may be
appointed to represent several persons or interests. The court as part
of the record of the proceeding shall set out its reasons for appointing
a guardian ad litem.
(b) If a minor has or is entitled to property for the preservation of
which the appointment of a guardian is necessary, and the court
makes written findings that:
(1) the proposed guardian is capable of representing and
managing the minor's property;
(2) no other petition for the appointment of a guardian has been
filed; and
(3) the petition for the appointment of the proposed guardian is
uncontested;
the court may waive the appointment of a guardian ad litem for the
minor.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.63; P.L.154-1990, SEC.12; P.L.118-1997, SEC.25.
Last modified: May 27, 2006