Pope v. Pate

Appellant, a licensed attorney, appeals an order appointing him Guardian ad Litem (GAL) for respondent Pate, the defendant in a civil forfeiture action. Appellant contends the order contains insufficient factual findings to support the appointment. We agree, and reverse and remand.

At the time of the appointment, Pate was incarcerated and, although the pleadings and orders make no reference to the rule, it appears the appointment was made pursuant to Rule 17(c), SCRCP:

when a person is imprisoned in this state, and not a minor or incompetent, the court may, in its discretion appoint a guardian…