Rule 13 - Court-appointed Guardian Ad LitemSection 13.1 Mandatory appointment of guardian ad litem(a) The court shall appoint a guardian ad litem for:(1) a parent who is a minor or is incompetent in a proceeding under C.G.S. sections 45a-603 through 45a-622 or sections 45a-715 through 45a-719;(2) a minor child in a proceeding under C.G.S. section 46b-172a;(3) a parent who is a minor or is incompetent in a proceeding under C.G.S. section 46b-172a;(4) a relative in a proceeding under C.G.S. section 45a-751b or 45a-753(c) whose identity is sought and whose address is unknown or who appears to be incompetent but has not been adjudicated incompetent by a court; and(5) a party in a proceeding under any other statute or rule that requires appointment of a guardian ad litem.(b) The court shall send a copy of the appointment to each party and attorney of record. (C.G.S. sections 17a-77, 45a-163(a) and 45a-164(d); Probate Court Rules, section 32.3.)
Section 13.2 Discretionary appointment of guardian ad litem(a) Except as prohibited by C.G.S. section 45a-132, the court may appoint a guardian ad litem for a party: (2) who is incompetent or who appears to be incompetent but has not been adjudicated incompetent by a court;(3) who is undetermined or unborn; or(4) whose name or address is unknown.(b) The court may consider the appointment of a guardian ad litem for a party on request of a party or person interested in the welfare of a party or on the court's own motion. The court may act without notice and hearing.(c) The court may appoint a guardian ad litem under this section only if the court, after considering the legal and financial interests at issue, determines that the appointment is necessary.(d) In a proceeding involving a conserved person under C.G.S. section 17a-543, 17a-543a or 45a-644 through 45a-663, the procedures under C.G.S. section 45a-132(a) apply.(e) The court shall send a copy of the appointment to each party and attorney of record. (C.G.S. sections 45a-603 through 45a-622 and 45a-715 through 45a-719; Probate Court Rules, sections 30.8, 30.9, 32.3 and 40.2.)
Section 13.3 Scope of appointment(a) The court may limit the scope of appointment of a guardian ad litem to a specific purpose or to answer a specific question.(b) In a proceeding involving a conserved person under C.G.S. section 17a-543, 17a-543a or 45a-644 through 45a-663, the court shall limit the scope of appointment of a guardian ad litem in accordance with C.G.S. section 45a-132(a). Section 13.4 Termination of appointment(a) On request of a party or on the court's own motion, the court may terminate the appointment of a guardian ad litem at any time if the court determines that a guardian ad litem is no longer needed. The court may act without notice and hearing.(b) In a proceeding involving a conserved person under C.G.S. section 17a-543, 17a-543a or 45a-644 through 45a-663, the court shall terminate the appointment of a guardian ad litem if required under C.G.S. section 45a-132(a). Section 13.5 Who may serve as guardian ad litem(a) The court shall appoint as guardian ad litem an adult whose interests do not conflict with the interests of the person for whom the guardian ad litem will act.(b) When appointing a guardian ad litem for a person, the court shall:(1) consider whether the interests of the person require the protection of a guardian ad litem with legal or other professional training;(2) give preference to a parent, guardian or other family member if the person is a minor, unless the court finds a conflict of interest under subsection (a) or that legal or other professional training is required under subsection (b)(1); and(3) match the abilities of the guardian ad litem with the needs of the person. (C.G.S. section 45a-132(d).)
Section 13.6 Duties of guardian ad litem(a) A guardian ad litem shall: (1) advocate for the best interests of the person for whom the guardian is acting; and(2) if the person is a minor, make reasonable efforts to keep each parent or guardian of the minor who is not a party to the matter advised of the actions of the guardian ad litem and the court.(b) A guardian ad litem may recommend to the court a waiver, election, modification or compromise of the rights or interests of the person for whom the guardian ad litem is acting and may, with approval of the court, effectuate the waiver, election, modification or compromise on behalf of the person.(c) A guardian ad litem does not have title to, or custody of, property of the person for whom the guardian ad litem is acting. Section 13.7 Instruction from court(a) On request of a guardian ad litem or on the court's own motion, the court may give instruction concerning the duties and scope of appointment of the guardian ad litem.(b) A guardian ad litem and the court shall not engage in ex parte communication. Instruction from the court shall be provided at a hearing or conference or in writing with a copy to each party and attorney of record. (Probate Court Rules, rule 68.)
Section 13.8 Guardian ad litem may appeal from court orderA guardian ad litem may appeal from a decree affecting the interests of the person for whom the guardian ad litem is acting. Subject to approval of the court, the guardian ad litem may incur necessary expenses in connection with the appeal.
(C.G.S. sections 45a-186 and 45a-187.)
Section 13.9 Guardian ad litem fees and expensesThe court shall determine whether the guardian ad litem fees and expenses are reasonable in light of the scope of appointment, whether or not an interested party raises an objection to the fees or expenses.
Rule 13 adopted effective 7/1/2013. Sections 13.1 and 13.2 amended effective 7/1/2015. Section 13.7 amended effective 1/1/2020; Section 13.9 adopted effective July 1, 2022.