Supplemental Rules of the Probate and Family Court

Supplemental Rules of the Probate and Family Court Supplemental Probate and Family Court Rule 5: Guardians ad litem

Courts: Probate and Family Court
Effective Date: 01/02/2012
Updates: Amended June 24, 2009, effective July 1, 2009 Amended December 14, 2011, effective January 2, 2012

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Rule 5

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.

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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Updates: Amended June 24, 2009, effective July 1, 2009 Amended December 14, 2011, effective January 2, 2012

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