In addition to making appointments of guardians ad litem in cases required by statute, whenever it shall appear that a minor, intellectually disabled person, a person under disability, an incapacitated person, a person to be protected or a person not ascertained or not in being is interested in any matter pending, a guardian ad litem for said person may be appointed by the court at its discretion. No Judge of the Probate and Family Court shall be appointed a guardian ad litem.

Added December 14, 2011, effective January 2, 2012.

Reporter's Notes

(2012) The requirement of waiting until the return day to make an appointment is eliminated. This rule supplements MUPC § 1-404 which calls for appointment of such a GAL "upon the representation of any party ..., or of any person interested," but not on the sole initiative of the judge.

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