S.C. Code Regs. 67-216 - Guardian ad Litem, Appointment

A. When a minor or mentally incompetent person is a party, a Guardian ad Litem shall represent the minor or mentally incompetent.

B. When a claim involves a fatality, a Guardian ad Litem shall represent the minor child or children.

C. A Guardian ad Litem may file proof of guardianship with the Commission's Judicial Department or a person may request a Commissioner appoint a Guardian ad Litem by filing and serving a motion pursuant to R.67-215.

D. The qualifications of and proceedings for appointment of a Guardian ad Litem shall be the same as those found in the South Carolina Rules of Civil Procedure; but, a Commissioner may require the appointment of an attorney as the Guardian ad Litem.

E. The Commission shall not hold a hearing for final determination of benefits until proof of appointment of a Guardian ad Litem is filed with the Commission.

F. The Commissioner may order the Guardian ad Litem paid from the proceeds of the claim for services rendered. If the parties settle the case according to Article 8, the Guardian ad Litem shall file a Form 61, Attorney Fee Petition, according to R.67-1204 for approval of the fee. The employer's representative is not liable for the Guardian ad Litem's expenses; however, upon conclusion of the claim, the employer's representative may pay the Guardian ad Litem directly as provided by an approved Form 61 or as ordered by the Commission with such payment deducted from the recipient's compensation.

Notes

S.C. Code Regs. 67-216

Amended by State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No. 4, eff April 25, 1997.