§ 29-3-2-3 — Guardian ad litem; appointment

(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.

Legislative History

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.