Rule 26 Appointment of guardian ad litem

If a person filing a case (the petitioner) needs extra help protecting their interests, a magistrate or circuit court judge can appoint someone called a guardian ad litem to step in and help represent them. This can happen at any point during the case, not just at the start.

A guardian ad litem is a person appointed by the court to look out for the petitioner's best interests, especially if that person may have trouble handling the legal process on their own due to age, illness, or another vulnerability. This fits with the purpose of financial exploitation cases, which often involve older adults or people who may be targets of financial abuse.

The rules that control how these guardians are appointed and what they do come from a separate court rule, called Rule 21 of the West Virginia Trial Court Rules for Trial Courts of Record. That rule spells out the specific process and standards the court will follow when picking a guardian ad litem and defining their role in the case.