W.Va. Trial. Ct. R. 21.05

As amended through January 31, 2024

Rule 21.05 - Eligibility for a Supreme Court-Paid Guardian Ad Litem

To be eligible for Supreme Court payment, an attorney must serve as the appointed guardian ad litem, and the person for whom the guardian is appointed must be:

(a) an infant-party who is indigent;

(b) an infant of a party or parties who are indigent, provided however, if both parents are parties to the action, both parents must be indigent;

(c) an incarcerated person who is indigent;

(d) an incompetent person who is indigent;

provided however, in a domestic relations case the cost of a guardian ad litem for a party and/or an infant(s) of the parties may be ordered to be paid by a non-indigent party or if otherwise qualified, by the Supreme Court when the appointment is nondiscretionary, provided the order appointing the guardian ad litem complies with the requirements of Rule 47 of the Rules of Practice and Procedure for Family Court. The compensation payable by the Supreme Court is limited to the amounts set forth in Trial Court Rule 21.06.

The appointment shall end automatically when a person for whom a guardian ad litem has been appointed either (a) is no longer indigent, or is an infant of a party or parties who are no longer indigent, (b) reaches the age of eighteen (18) years, (c) is no longer an incarcerated person, (d) is released from a mental health facility, or (e) is found by the court to have regained competency. The guardian ad litem shall notify the appointing court when an appointment has been automatically terminated.

W.Va. Trial. Ct. R. 21.05

Amended effective 12/31/2011; amended effective 4/25/2017.