Kentucky Statutes 386B.3-050 – Appointment of guardian ad litem
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(1) If the court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate because of conflict or otherwise, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests.
(2) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
(3) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual’s family.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 22, effective July 15, 2014.
(2) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
Terms Used In Kentucky Statutes 386B.3-050
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Kentucky Statutes 386B.1-010
- Person: means any individual or entity as defined in KRS §. See Kentucky Statutes 386B.1-010
- Trust: means an express trust established by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both. See Kentucky Statutes 386B.1-010
(3) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual’s family.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 22, effective July 15, 2014.