72-35-313. Appointment of guardian ad litem. (1) The court may, on its own motion or on request of a trustee or other person interested in the trust, appoint a guardian ad litem at any stage of a proceeding concerning the trust to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate:
     (a) a minor;
     (b) an incapacitated person;
     (c) an unborn person;
     (d) an unascertained person;
     (e) a person whose identity or address is unknown; or
     (f) a designated class of persons who are not ascertained or are not in being.
     (2) If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
     (3) The reasonable expenses of the guardian ad litem, including compensation and attorney's fees, shall be determined by the court and paid as the court orders, either out of trust property or by the petitioner.
     (4) If no guardian ad litem is appointed, an unborn person or an unascertained person is bound by an order to the extent his or her interest is adequately represented by another party having a substantially identical interest in the proceeding.

     History: En. Sec. 187, Ch. 685, L. 1989.