372.
(a) (1) The court, on its own motion or upon request of an interested person, shall appoint a guardian ad litem at any stage of a proceeding under this code to represent the interest of any of the following persons:
(A) A minor.
(B) An incapacitated person.
(C) A person with a disability, as described in Section 3603 of the Probate Code.
(2) For appointments of a guardian ad litem
under subparagraphs (A) and (B) of paragraph (1), the appointment of a guardian ad litem is mandatory when there is no existing guardian or conservator of the estate.
(3) For appointments of a guardian ad litem under subparagraph (C) of paragraph (1), the court shall only appoint a guardian ad litem if the court finds, by clear and convincing evidence, that there is good cause that the representation of the interest would otherwise be inadequate and there is no other suitable alternative to protect the proposed ward’s interest in the litigation.
(4) When a minor or a person for whom a guardian or conservator has been appointed is a party to an action, that person shall appear either by a guardian or conservator of the estate.
(5) The guardian or conservator of the estate or guardian ad litem shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. Money or other property to be paid or delivered pursuant to the order or judgment for the benefit of a minor or person for whom a conservator or guardian ad litem has been appointed shall be paid and delivered as provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code.
(2)
(6) Nothing in this section, or in any other provision of this code, the Civil Code, the Family Code, or the Probate Code is intended by the Legislature to prohibit a minor from exercising an intelligent and knowing waiver of the minor’s constitutional rights in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(b) (1) Notwithstanding subdivision (a), a minor 12 years of age or older may appear in court without a guardian, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following:
(A) An injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6.
(B) An injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8.
(C) A protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code.
(D) A protective order pursuant to Sections 7710 and 7720 of the Family Code.
(2) The court may, either upon motion or in its own discretion, and after considering reasonable objections by the minor to the appointment of specific individuals, appoint a guardian ad litem to assist the minor in
obtaining or opposing the order,
if the appointment of the guardian ad litem does not delay the issuance or denial of the order being sought. In making the determination concerning the appointment of a particular guardian ad litem, the court shall consider whether the minor and the guardian have divergent interests.
(3) For purposes of this subdivision only, upon the issuance of an order pursuant to paragraph (1), if the minor initially appeared in court seeking an order without a guardian or guardian ad litem, and if the minor is residing with a parent or guardian, the court shall send a copy of the order to at least one parent or guardian designated by the minor, unless, in the discretion of the court, notification of a parent or guardian would be contrary to the best interest of the minor. The court is not required to send the order to more than one
parent or guardian.
(4) The Judicial Council shall adopt forms by July 1, 1999, January 1, 2024, to facilitate the appointment of a guardian ad litem pursuant to this subdivision.
(c) (1) Notwithstanding subdivision (a), a minor may appear in court without a guardian ad litem in the following proceedings if the minor is a parent of the child who is the subject of the proceedings:
(A) Family court proceedings pursuant to Part 3 (commencing with Section 7600) of Division 12 of the Family Code.
(B) Dependency proceedings pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(C) Guardianship proceedings for a minor child pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code.
(D) Any other proceedings concerning child custody, visitation, or support.
(2) If the court finds that the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case, the court shall, upon its own motion or upon a motion by the minor parent or the minor parent’s counsel, appoint a guardian ad litem.
(d) The reasonable expenses of the guardian ad litem, including compensation and attorney’s fees, shall be determined by the court and paid as the court orders, either out of the property of the estate involved or by the petitioner or from any other source as the court orders.
(e) Before a guardian ad litem is appointed, the proposed guardian ad litem shall disclose to the court and all interested persons any known potential or actual conflicts of interests arising from appointment in the matter, including any familial or affiliate relationship of the guardian ad litem to any of the parties.
(f) An order appointing a guardian ad litem shall specify the powers of the guardian ad litem. A guardian ad litem only has the powers specified in the order.
(g) Unless
otherwise ordered by the court, the appointed guardian ad litem shall, at least annually, report all actions taken by the guardian ad litem on behalf of the ward that affect the ward’s interests.
