TITLE 15

UNIFORM PROBATE CODE

CHAPTER 8

TRUST AND ESTATE DISPUTE RESOLUTION ACT

PART 2.

JUDICIAL RESOLUTION

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.]