(a) Qualifications. A person is qualified to be a guardian ad litem if he or
she:
(1) has no interest adverse to the ward;
(2) is not financially connected with the ward’s attorney, the opposing
party, or opposing party’s counsel; and
(3) has sufficient means to answer to the ward for any injury caused by
the guardian’s negligence or misconduct.
(b) Appointment.
(1) A person or party may file an ex parte petition for appointment of a
guardian ad litem. The petition must set forth the reasons appointment
is necessary.
(2) The court may appoint a guardian ad litem sua sponte or act on a
petition. If the court grants a petition for appointment, it may appoint a
person other than the petitioner as guardian ad litem.
(c) Bond. Before receiving money or property on the ward’s behalf, a
guardian must post a bond in an amount fixed by the presiding judge.
41 | P a g e
D.Mont L.R. 17.1 Guardian ad Litem
Civil Rule 24. Intervention
