04 NCAC 10A .0604          Appointment of Guardian Ad Litem

(a)  Minors or incompetents may bring an action only through their guardian ad litem.  Upon the written application on a Form 42 Application for Appointment of Guardian Ad Litem, the Commission shall appoint the person as guardian ad litem, if the Commission determines it to be in the best interest of the minor or incompetent.  The Commission shall appoint the guardian ad litem only after due inquiry as to the fitness of the person to be appointed.

(b)  No compensation due or owed to the minor or incompetent shall be paid directly to the guardian ad litem.

(c)  The Commission may assess a fee to be paid by the employer or the insurance carrier to an attorney who serves as a guardian ad litem for actual services rendered upon receipt of an affidavit of actual time spent in representation of the minor or incompetent as part of the costs.


History Note:        Authority G.S. 97-50; 97-79(e); 97-80(a); 97-80(b); 97-91;

Eff. January, 1990;

Amended Eff. November 1, 2014; January, 2011; June 1, 2000; March 15, 1995.