50-5-215 - Appointment of guardian ad litem Court discretion Criteria Compensation.
50-5-215. Appointment of guardian ad litem Court discretion Criteria Compensation.
(a) At any time after the filing of the petition, the court in its discretion may appoint a guardian ad litem to represent the interests of the minor or to oversee the minor's earnings related to the contract approved under this part. The court shall appoint a guardian ad litem as to any contract where the parent or guardian will receive remuneration or financial gain from the performance of the contract or if the court deems that the persons have any other conflict of interest with the minor. The court, in determining whether a guardian ad litem should be appointed, may consider the following criteria:
(1) The length of time the exclusive services of the minor are required;
(2) Whether the gross earnings of the minor under the contract are either contingent or unknown;
(3) The amount of gross earnings of the minor under the contract; and
(4) The age of the minor.
(b) The guardian ad litem shall be entitled to reasonable compensation. The court shall have the power to determine which party shall be responsible for the fee, whether the fee and any required bond shall be paid from the earnings of the minor pursuant to the contract sought to be approved, or may apportion the fee between the parties to the proceedings.
[Acts 2003, ch. 168, § 1.]