                                 CODE OF VIRGINIA

GUARDIAN AD LITEM FOR PERSONS UNDER DISABILITY; WHEN GUARDIAN AD LITEM NEED NOT
BE APPOINTED FOR PERSON UNDER DISABILITY (§ 8.01-9)

A. A suit wherein a person under a disability is a party defendant shall not be
stayed because of such disability, but the court in which the suit is pending,
or the clerk thereof, shall appoint a discreet and competent attorney-at-law as
guardian ad litem to such defendant, whether the defendant has been served with
process or not. If no such attorney is found willing to act, the court shall
appoint some other discreet and proper person as guardian ad litem. Any guardian
ad litem so appointed shall not be liable for costs. Every guardian ad litem
shall faithfully represent the estate or other interest of the person under a
disability for whom he is appointed, and it shall be the duty of the court to
see that the interest of the defendant is so represented and protected. Whenever
the court is of the opinion that the interest of the defendant so requires, it
shall remove any guardian ad litem and appoint another in his stead. When, in
any case, the court is satisfied that the guardian ad litem has rendered
substantial service in representing the interest of the person under a
disability, it may allow the guardian reasonable compensation therefor, and his
actual expenses, if any, to be paid out of the estate of the defendant. However,
if the defendant&#8217;s estate is inadequate for the purpose of paying
compensation and expenses, all, or any part thereof, may be taxed as costs in
the proceeding. In a civil action against an incarcerated felon for damages
arising out of a criminal act, the compensation and expenses of the guardian ad
litem shall be paid by the Commonwealth out of the state treasury from the
appropriation for criminal charges. If judgment is against the incarcerated
felon, the amount allowed by the court to the guardian ad litem shall be taxed
against the incarcerated felon as part of the costs of the proceeding, and if
collected, the same shall be paid to the Commonwealth. By order of the court, in
a civil action for divorce from an incarcerated felon, the compensation and
expenses of the guardian ad litem shall be paid by the Commonwealth out of the
state treasury from the appropriation for criminal charges if the crime (i) for
which the felon is incarcerated occurred after the date of the marriage for
which the divorce is sought, (ii) for which the felon is incarcerated was
committed against the felon&#8217;s spouse, child, or stepchild and involved
physical injury, sexual assault, or sexual abuse, and (iii) resulted in
incarceration subsequent to conviction and the felon was sentenced to
confinement for more than one year. The amount allowed by the court to the
guardian ad litem shall be taxed against the incarcerated felon as part of the
costs of the proceeding, and if collected, the same shall be paid to the
Commonwealth.

B. Notwithstanding the provisions of subsection A or the provisions of any other
law to the contrary, in any suit wherein a person under a disability is a party
and is represented by an attorney-at-law duly licensed to practice in this
Commonwealth, who shall have entered of record an appearance for such person, no
guardian ad litem need be appointed for such person unless the court determines
that the interests of justice require such appointment; or unless a statute
applicable to such suit expressly requires that the person under a disability be
represented by a guardian ad litem. The court may, in its discretion, appoint
the attorney of record for the person under a disability as his guardian ad
litem, in which event the attorney shall perform all the duties and functions of
guardian ad litem.
			Any judgment or decree rendered by any court against a person under a
disability without a guardian ad litem, but in compliance with the provisions of
this subsection, shall be as valid as if the guardian ad litem had been
appointed.

HISTORY: Code 1950, §§ 8-88, 8-88.1; 1972, c. 720; 1977, c. 617; 1996, c. 887;
1999, cc. 945, 955, 987; 2001, c. 127; 2003, c. 563; 2021, Sp. Sess. I, c. 463.