(a) To be eligible for payment by the Supreme Court of Appeals of West Virginia, an attorney must serve as the appointed guardian ad litem, and the person for whom the guardian is appointed must be:
(i) an infant-party who is indigent;
(ii) an infant of a party or parties who are indigent, provided however, if both parents are parties to the action, both parents must be indigent;
(iii) an incarcerated person who is indigent; or
(iv) an incompetent person who is indigent;
(b) In a domestic relations case the cost of a guardian ad litem for a party and/or an infant(s) of the parties shall be ordered to be paid by a non-indigent party, provided however, if the court determines the non-indigent party does not have the financial ability to pay the full cost, the court may order the non-indigent party to pay one-half of the cost and the remaining cost paid by the Supreme Court of Appeals of West Virginia.
(c) The order appointing the guardian ad litem in domestic relations cases shall complies with the requirements of Rule 47 of the Rules of Practice and Procedure for Family Court.
(d) Prior to the commencement of the investigation by the guardian ad litem, the appointing court shall submit the appointment order to the Administrative Director of the Supreme Court of Appeals of West Virginia or the Administrative Director’s designee for prior approval.
(e) The appointment shall end automatically when a person for whom a guardian ad litem has been appointed either:
(i) is no longer indigent, or is an infant of a party or parties who are no longer indigent;
(ii) reaches the age of eighteen (18) years;
(iii) is no longer an incarcerated person;
(iv) is released from a mental health facility; or
(v) is found by the court to have regained competency.
(f) The guardian ad litem shall notify the appointing court when an appointment has been automatically terminated. Upon notification of the automatic termination the court shall enter an order relieving the guardian ad litem of any further duties in the proceeding.