Discretionary appointment of attorney ad litem

Ky. Rev. Stat. Ann. § 387.025(1) provides that, "Any interested person or entity may petition the District Court for the appointment of a guardian or limited guardian for an unmarried minor."  While paragraph (2) similarly states, "Any interested person or entity may petition the District Court for appointment of a conservator for a minor who owns real or personal property, or both..."

Although minors who are 14 years of age or older are entitled to notice of the proceeding, and such a minor may nominate their own guardian, no right to client-directed counsel was located. Ky. Rev. Stat. Ann. §§ 387.025(5) (notice provision); 387.050 (nomination provision).

However, it appears that the court may, in its discretion, appoint a guardian ad litem (GAL) for the minor who shall be an attorney and whose role is to represent the child's best interests. See Ky. Rev. Stat. Ann. § 387.305 ("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.").