(1) No appointment of a guardian ad litem shall be made until the defendant is summoned, or until a person is summoned for him, as is authorized by law; nor until an affidavit of the plaintiff, or of his attorney, be filed in court, or with the clerk, showing that the defendant has no guardian, curator, nor conservator, residing in this state, known to the affiant.
(2) A guardian ad litem must be a regular, practicing attorney of the court and may be appointed by the court, whether a guardian, curator, or conservator appear for the defendant or not. The guardian ad litem may be appointed upon the motion of the plaintiff or of any friend of the defendant; but neither the plaintiff nor his attorney shall be appointed, nor be permitted to suggest the name of the proposed guardian ad litem; and the court may change the guardian so appointed whenever the interest of the infant may appear to require such change.
(3) It shall be the duty of the guardian ad litem to attend properly to the preparation of the case; and in an ordinary action he may cause as many witnesses to be subpoenaed as he may think proper, subject to the control of the court; and in an equitable action he may take depositions, not, however, exceeding three (3), without leave of the court.
(4) The court shall allow to the guardian ad litem a reasonable fee for his services, to be paid by the plaintiff and taxed in the costs. The affidavit of such guardian, or of another person, or other competent evidence, is admissible to prove the services rendered, but not to prove their value. The court must decide concerning such value, without reference to the opinions of parties or other witnesses.
(5) Whether appointed pursuant to this statute or pursuant to a provision of the Kentucky Unified Juvenile Code, the duties of a guardian ad litem shall be to advocate for the client's best interest in the proceeding through which the guardian ad litem was appointed. Without an appointment, the guardian ad litem shall have no obligation to initiate action or to defend the client in other proceedings. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 294, sec. 1, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 141, sec. 142, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 345, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 38.
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 1954–2025 · leading case:
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014).
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014).
· cites it 6× “Accordingly, KRS 387.305 provides, in the same terms as § 38 did formerly, that a guardian ad litem may be appointed to defend an infant who does not have a resident guardian, curator, or conservator; that the guardian ad litem must be a regular, practicing attorney of the…”
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
· cites it 6× “Branham also argues that recognizing that attorneys have attorney-client relationships with, and owe duties to, the minors or wards of guardians or next friends may result in representation by two attorneys who may not agree on whether to accept a settlement if the child also…”
Earthgrains v. Cranz, 999 S.W.2d 218 (Ky. Ct. App. 1999).
“060(2) requires a guardian ad litem or warning order attorney to be paid a reasonable fee for his services, to be paid by the plaintiff and taxed as costs; KRS 387.305 requires a reasonable fee to be paid to a guardian ad litem by the plaintiff; KRS 453.”
Sparks v. Boggs, 839 S.W.2d 581 (Ky. Ct. App. 1992).
“305 authorizing the appointment of a guardian ad litem and setting forth his duties nowhere indicates that a guardian ad litem has the legal authority to maintain a separate action as a plaintiff on behalf of the ward. Further, CR 17.03(1) provides that “[a]ctions involving…”
Stanfield v. Willoughby, 269 S.W.2d 270 (Ky. Ct. App. 1954).
· cites it 3× “On the procedural question, it is apparent that there is a conflict between the Civil Rules and KRS 387.305, which was formerly Section 38 of the Civil Code of Practice.”
Ralph Gentry v. Commonwealth of Kentucky (Ky. 2010).
· cites it 2× “Branham also argues that recognizing that attorneys have attorney-client relationships with, and owe duties to, the minors or wards of guardians or next friends may result in representation by two attorneys who may not agree on whether to accept a settlement if the child also…”
Harmon v. Goodwin (W.D. Ky. 2025).
“In fact, Harmon specifically alleges that “Green was acting with the authority vested in her as the court-appointed Guardian ad Litem and Child’s attorney pursuant to KRS 387.305 and court order.” (1st Am. Compl.”
— Ky. Rev. Stat. § 387.305(1) — 2 cases
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
“Branham also argues that recognizing that attorneys have attorney-client relationships with, and owe duties to, the minors or wards of guardians or next friends may result in representation by two attorneys who may not agree on whether to accept a settlement if the child also…”
Ralph Gentry v. Commonwealth of Kentucky (Ky. 2010).
“Branham also argues that recognizing that attorneys have attorney-client relationships with, and owe duties to, the minors or wards of guardians or next friends may result in representation by two attorneys who may not agree on whether to accept a settlement if the child also…”
— Ky. Rev. Stat. § 387.305(2) — 1 case
— Ky. Rev. Stat. § 387.305(4) — 1 case
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014).
“Accordingly, KRS 387.305 provides, in the same terms as § 38 did formerly, that a guardian ad litem may be appointed to defend an infant who does not have a resident guardian, curator, or conservator; that the guardian ad litem must be a regular, practicing attorney of the…”
— Ky. Rev. Stat. § 387.305(5) — 2 cases
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014).
“Accordingly, KRS 387.305 provides, in the same terms as § 38 did formerly, that a guardian ad litem may be appointed to defend an infant who does not have a resident guardian, curator, or conservator; that the guardian ad litem must be a regular, practicing attorney of the…”
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