Montana Code 25-5-301. Appointment of guardian
25-5-301. Appointment of guardian. When a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows:
Terms Used In Montana Code 25-5-301
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(1)when the minor is plaintiff, upon the application of the minor if the minor is 14 years of age or, if under that age, upon the application of a relative or friend of the minor;
(2)when the minor is defendant, upon the application of the minor if the minor is 14 years of age and applies within 10 days after the service of the summons or, if under that age or if the minor neglects to apply, upon the application of a relative or friend of the minor or of any other party to the action;
(3)when an insane or incompetent person is party to an action or proceeding, upon the application of a relative or friend of the insane or incompetent person or of any other party to the action or proceeding.