15-8-209. APPOINTMENT OF A GUARDIAN AD LITEM. (1) The court, upon its own motion or upon request of one (1) or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, or incapacitated, or unborn, or unascertained person, or any person whose identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(2) The court appointed guardian ad litem supersedes the special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in section 15-8-201, Idaho Code, with notice as provided in this section and section 15-8-204, Idaho Code.
(4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from the principal of the estate or trust whose beneficiaries are represented.
History:
[15-8-209, added 2005, ch. 122, sec. 1, p. 402.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT
Section 15-8-202 - JUDICIAL PROCEEDINGS.
Section 15-8-203 - PROCEDURAL RULES.
Section 15-8-204 - NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.
Section 15-8-205 - APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION.
Section 15-8-206 - SPECIAL NOTICE.
Section 15-8-207 - WAIVER OF NOTICE.
Section 15-8-208 - COST — ATTORNEY’S FEES.
Section 15-8-209 - APPOINTMENT OF A GUARDIAN AD LITEM.
Section 15-8-210 - TRIAL BY JURY.