Rule 18 - Representative Parties(a) Where authorized. A person may represent the interests of another in a probate proceeding in the following instances: (1) A guardian ad litem may represent the person or interests for which the guardian ad litem is appointed; (2) A sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, may represent other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power; (3) A guardian may represent the ward whose estate the guardian controls; (4) A trustee may represent beneficiaries of the trust in proceedings to probate a will establishing or adding a trust, to review the acts or accounts of a prior fiduciary and in matters involving creditors or other third persons; (5) An executor or administrator may represent persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate; (6) If no guardian has been appointed, a parent may represent that person's minor child; (7) A party having a substantially identical interest to an unborn or unascertained person, who is not otherwise represented, may represent that person; and (8) A person may represent the interests of another when authorized by law. In no case may a person represent the interests of another when there is a conflict of interest between them or among persons represented.
(b) Court order. If a person is authorized to represent another under subdivision (a) of this rule, the court may order that the person represents the interest of the other and may bind the person represented unless the court finds such representation will be inadequate. (c) Appointment of a guardian ad litem. The court shall appoint a guardian ad litem for a minor or incapacitated person who does not have a duly appointed personal representative or shall make such other order as it deems necessary for the protection of the minor or incapacitated person. The court may appoint a guardian ad litem for an unborn or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest would otherwise be inadequate. At the time of appointment, the court shall inform the guardian ad litem in writing of his or her duties. Amended Aug. 22, 1991, eff. 11/1/1991; 8/29/1995, eff. 12/1/1995; amended May 9, 2022, eff. 7/11/2022.Reporter's Notes-2022 Amendment
Rule 18(d) is abrogated as obsolete. For proceedings under 14 V.S.A. ch. 111, representation by guardians ad litem and attorneys is now covered by V.R.P.P. 80.9 and 80.10, rather than by V.R.F.P. 6 and 6.1 as formerly indicated in Rule 18(d).