Look at CRCP 17(c), 19-1-111(c), CRS, and People In Interest of M.M., 726 P.2d 1108, 1118(Colo. 1986), (the second M.M.) which says, in small part:
[32] C.M. further contends that, regardless of whether the appointment of a guardian ad litem (for an adult party) is a matter of statutory right or discretion, the trial court abused its discretion when it refused to make such appointment in this case. We find no abuse of discretion here.
The paragraph following the above cite in M.M. is very pertinent.
I worry that 19-1-111(c) says that the party must have been determined to have been mentally ill or DD by a court. Does that mean this court? Or previously by Probate Court? Webmaster
—– Original Message —–
I need all the statutory and any case law support for my motion to appoint a GAL for RM. She claims to have a brain injury and if she doesn’t, she’s probably mentally ill. She has absolutely no ability to comprehend the D&N proceedings and has failed to accept court-appointed counsel or to hire her own lawyer. We are set for trial and really needs some help. In most counties, any hint of developmental or mental disability is enough to warrant the appointment of a GAL but here I need more specific authority.
