21-310 - Guardian ad litem for infants and incapacitated adults.

§ 21-310. Guardian ad litem for infants and incapacitated adults.

These proceedings shall not be stayed because of infancy or incapacity; butthe court in which the petition was filed shall appoint some discreet andcompetent attorney at law as guardian ad litem to any infant or incapacitatedperson who may own or be interested in any of the land affected by theseproceedings, whether such persons have been served with process or not. If nosuch attorney is found willing to act, the court shall appoint some otherdiscreet and proper person as guardian ad litem, but the person so appointedshall not be liable to costs. Every guardian ad litem shall faithfullyrepresent the interest or estate of the infant or incapacitated person forwhom he is appointed, and it shall be the duty of the court to see that theestate of such defendant is so represented and protected. Wherever the courtis of opinion that the interests of any infant or incapacitated personrequire, it shall remove any guardian ad litem and appoint another in hisstead.

(Code 1919, § 1741; 1997, c. 801.)