Conservatorship of Minor Children v. Soule

¶22 I dissent. In my view, statutory requirements were not followed when the District Court appointed a guardian ad litem for the children and for this reason, an abuse of discretion must necessarily be found. In re Guardianship of Nelson, 204 Mont. 90, 94, 663 P.2d 316, 318 (1983).

¶23 The Court construes the requirements of § 25-5-301, MCA, as allowing for an appointment “in contemplation” of litigation, Opinion ¶ 12, despite the clear language of § 25-5-301, MCA, allowing for an appointment only when a minor is a “plaintiff,” a “defendant,” or a “party to an action or proceeding.” A…