Printable Format59-2205. Persons under disability. The petition of a person under legal disability shall be by his or her guardian, conservator or next friend. When it is by his or her next friend the court may substitute the guardian, conservator, or any person, for the next friend. The court may appoint a guardian ad litem in any probate proceeding to represent and defend a party thereto under legal disability. All possible unborn or unascertained beneficiaries may be represented by living competent members of the class to which they do or would belong, or by guardian ad litem, as the court deems best.
History: L. 1939, ch. 180, § 181; L. 1951, ch. 342, § 1; L. 1965, ch. 346, § 27; January 1, 1966.
Cross References to Related Sections:
Actions of minors under civil code, see 60-217.
Homestead of incapacitated spouse, see 59-2314 through 59-2322.
Law Review and Bar Journal References:
Adoption procedure, Marvin E. Larson, 19 J.B.A.K. 332, 343 (1951).
"The Beginning of Life," M. Martin Halley and William F. Harvey, 69 J.K.M.S. 384, 385, 386 (1968).
"Criminal Law—Constitutional Challenge to the Abortion Laws," Edward J. Hund, Jr., 9 W.L.J. 286, 291 (1970).
CASE ANNOTATIONS
1. "Next friend" may bring action in behalf of unadjudged incompetent. In re Estate of Grove, 158 Kan. 444, 448, 148 P.2d 497.
2. Discussed; word "custodian" defined; order appointing guardian void; custody of child. Paronto v. Armstrong, 161 Kan. 720, 727, 171 P.2d 299.
3. Administration proceedings; refusal to appoint guardian ad litem for minor heir erroneous. In re Estate of Paronto, 163 Kan. 85, 93, 180 P.2d 302.
4. Discussed; necessity of notice and appointment of guardian ad litem for insane spouse. Steinkirchner v. Linscheid, 164 Kan. 179, 191, 192, 188 P.2d 960. Affirmed: 165 Kan. 390, 195 P.2d 592.
5. Guardian ad litem appointed by probate court cannot maintain district court action. In re Estate of Kruckenberg, 171 Kan. 450, 456, 233 P.2d 472.
6. Mentioned; life tenant claiming interest after termination of life estate not a party in interest. Hoard v. Shelton, 201 Kan. 145, 154, 439 P.2d 123.
7. Cited; circumstances rendering order approving claims voidable due to conservator's substantial conflict of interest (K.S.A. 59-1703), "other interested parties" examined. In re Conservatorship of L.M.S., 12 Kan. App. 2d 725, 728, 755 P.2d 22 (1988).
8. Whether guardian ad litem appointed to represent party under legal disability is authorized to enter into family settlement agreement examined. In re Estate of Wise, 20 Kan. App. 2d 624, 629, 890 P.2d 744 (1995).
9. District court was statutionly authorized to appoint guardian ad litem for ward in guardianship and conservatorship proceedings. In re Guardianship of Benham, 47 Kan. App. 2d 83, 271 P.3d 1257 (2012).