§ 33-22-17 - Representation of unborn, unascertained, and incompetent persons.
SECTION 33-22-17
§ 33-22-17 Representation of unborn,unascertained, and incompetent persons. – When before or at the hearing on any proceeding in a probate court it appearsto the court that the interest of a person unborn, unascertained, or legallyincompetent to act in his or her own behalf, is not fully represented, thecourt may appoint some competent and disinterested person to act as guardian adlitem, or next friend, for the person unborn, unascertained, or legallyincompetent, and to represent his or her interest in the case. The person soappointed shall make oath to perform his or her duty faithfully andimpartially, and shall be entitled to such reasonable compensation, out of theestate, for his or her services, as the court may allow. In any actioninvolving wills, estates, trusts or fiduciaries in the probate court, a minor,an incapacitated person or an unborn or unascertained person whose identity andlocation is unknown and not reasonably ascertainable, unless otherwiserepresented, may be represented by and bound by another having a substantiallyidentical interest with respect to the particular question or dispute, but onlyto the extent that: (1) the person's interest is adequately represented; and(2) there is no conflict of interest between the representative and the personrepresented.