Title 53, Chapter 11, Section 2
( 53-11-2)
(a) As used in this Code section, the term "guardian" means the
guardian ad litem appointed by the probate court who may represent a
single party or more than one party or a class of parties with
common or nonadverse interests; provided, however, that the court
may determine for the purpose of the particular proceeding that the
natural guardian, if any, or the testamentary guardian, if any, or
the duly constituted guardian of the property, if any, or the duly
constituted guardian of the person, if any, has no conflict of
interest and thus may represent for the purpose of the proceeding a
party who is not sui juris, who is unborn, or who is unknown. (b) When a party to a proceeding in the probate court is not sui
juris, is unborn, or is unknown, that party shall be represented in
the proceeding by a guardian. Service upon or notice to a guardian
shall constitute service upon or notice to the party represented and
no additional service upon or notice to such party shall be
required. Waivers, acknowledgments, consents, answers, objections,
or other documents executed by the guardian shall be binding upon
the party represented. (c) Whenever a guardian ad litem is appointed, the court may limit
the appointment or may at any time for cause appoint a successor.
Unless the appointment is limited by the court, the guardian ad
litem first appointed with respect to any proceeding involving the
administration of the estate shall continue to serve with respect to
such proceeding on behalf of the party represented until a successor
is appointed, the party represented becomes sui juris, or the court
terminates the appointment. (d) In every petition filed in the probate court, the petitioner
shall specify the name of each party who requires a guardian and the
name and address of any person who is acting as guardian of the
party. A copy of the letters appointing the guardian shall be
attached to the petition or the petition shall allege such facts as
shall show the authority of such guardian to act; provided, however,
that the probate court may take judicial notice of the issuance of
such letters or of such authority. |