{"data":{"id":"us-ky/krs-387.305","jurisdiction":"us-ky","citation":"KRS 387.305","heading":"Appointment of guardian ad litem -- Qualifications -- Duties -- Fees.","body":"(1) No appointment of a guardian ad litem shall be made until the defendant is\nsummoned, or until a person is summoned for him, as is authorized by law; nor\nuntil an affidavit of the plaintiff, or of his attorney, be filed in court, or with the\nclerk, showing that the defendant has no guardian, curator, nor conservator, residing\nin this state, known to the affiant.\n(2) A guardian ad litem must be a regular, practicing attorney of the court and may be\nappointed by the court, whether a guardian, curator, or conse rvator appear for the\ndefendant or not. The guardian ad litem may be appointed upon the motion of the\nplaintiff or of any friend of the defendant; but neither the plaintiff nor his attorney\nshall be appointed, nor be permitted to suggest the name of the pr oposed guardian\nad litem; and the court may change the guardian so appointed whenever the interest\nof the infant may appear to require such change.\n(3) It shall be the duty of the guardian ad litem to attend properly to the preparation of\nthe case; and in an ordinary action he may cause as many witnesses to be\nsubpoenaed as he may think proper, subject to the control of the court; and in an\nequitable action he may take depositions, not, however, exceeding three (3), without\nleave of the court.\n(4) The court shall allow to the guardian ad litem a reasonable fee for his services, to be\npaid by the plaintiff and taxed in the costs. The affidavit of such guardian, or of\nanother person, or other competent evidence, is admissible to prove the services\nrendered, but not to prove their value. The court must decide concerning such value,\nwithout reference to the opinions of parties or other witnesses.\n(5) Whether appointed pursuant to this statute or pursuant to a provision of the\nKentucky Unified Juvenile Code, the d uties of a guardian ad litem shall be to\nadvocate for the client's best interest in the proceeding through which the guardian\nad litem was appointed. Without an appointment, the guardian ad litem shall have\nno obligation to initiate action or to defend the client in other proceedings.","path":["KRS Chapter 387"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36036","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:21Z","sha256":"68669fc469ef31a867b26cea70203270187ef8d7d1722c347ea76f67262aed4f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-387.300","next":"us-ky/krs-387.320"},"notice":"GroundRules: Original legal text. Not legal advice."}