04 NCAC 10B .0203          INFANTS AND INCOMPETENTS

(a)  Persons seeking to appear on behalf of an infant or incompetent, in accordance with G.S. 1A-1, Rule 17, shall apply on a Form 42 Application for Appointment of Guardian Ad Litem.  The Commission shall appoint a fit and proper person as guardian ad litem, if the Commission determines it to be in the best interest of the minor or incompetent. The Commission shall appoint the guardian ad litem only after due inquiry as to the fitness of the person to be appointed.

(b)  The Commission may assess a fee to be paid to an attorney who serves as a guardian ad litem for actual services rendered upon receipt of an affidavit of actual time spent in representation of the minor or incompetent as part of the costs.

 

History Note:        Authority G.S. 143-291; 143-295; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0307 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.