Note: The following constitutes the proposed
changes in this Rule. Added language appears in bold italic script, and
proposed deletions are indicated by strikeout. The changes will not go
into effect until further notice by the Industrial Commission.
Appointment of Guardian Ad Litem
(1) In all cases where it is proposed that minors
or incompetents shall sue by their guardian ad litem, the Industrial Commission
shall appoint such guardian ad litem upon the written application of a reputable disinterested
person closely connected with such minor or incompetent; but if such person will not
apply, then, upon the application of some reputable citizen; and the Industrial Commission
shall make such appointment only after due inquiry as to the fitness of the person to be
appointed.
(2) In no event, however, shall any compensation
be paid directly to the guardian ad litem. Rather, compensation payable to a minor
or incompetent shall be paid as provided in N.C. Gen. Stat. § 97-48 and N.C. Gen. Stat.
§ 97-49. The use of the word "guardian" in N.C. Gen. Stat. § 97-49 shall
mean a general guardian appointed by the General Courts of Justice and shall does
not mean a guardian ad litem.
(3) The Amendments to this Rule are effective
March 15, 1995.
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