§ 16-61-108 - Guardian ad litem -- Appointment -- Party or attorney not appointed for infant or insane person.
16-61-108. Guardian ad litem -- Appointment -- Party or attorney not appointed for infant or insane person.
(a) The guardian to defend shall be appointed by the circuit court or by the judge thereof.
(b) The appointment cannot be made until after the service of the summons in the action.
(c) No party or attorney in an action can be appointed guardian to defend therein for an infant or person of unsound mind.
(d) (1) During the vacation of the court, the circuit court clerk shall have the same power of appointing a guardian ad litem for an infant defendant who has been summoned in the action that his or her court or the judge thereof has.
(2) The court or judge shall have the power to change the guardian so appointed by appointing another in his or her stead whenever the interests of the infant require such a change.
(e) The clerk shall endorse the name of the guardian and the date of his or her appointment upon the complaint.