In every suit brought under this article, a guardian ad litem shall be appointed for any person under a disability not otherwise represented by a guardian or committee, or trustee appointed pursuant to § 64.2-2003, and for all persons proceeded against by an order or publication under the designation of "parties unknown" as provided for in § 8.01- 316. The guardian ad litem shall file an answer as such.
§ 8.01-73.Guardian ad litem to be appointed.
Chapter 3. Actions · Article 8. Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of · Last amended 1997 · Last verified July 16, 2026
In one sentenceSection 8.01-73 requires the appointment of a guardian ad litem in every Article 8 suit for any person under a disability who lacks a guardian, committee, or trustee, and for every unknown party proceeded against by order of publication, and it requires that guardian ad litem to file an answer.
Full Text of § 8.01-73
Plain-English Summary
This section builds a procedural safeguard into every suit filed under Article 8. Whenever a person under a disability is not already represented by a guardian, committee, or a trustee appointed under § 64.2-2003, the court must appoint a guardian ad litem to stand in for that person’s interests.
The same duty extends to anyone proceeded against as “parties unknown” through an order of publication under § 8.01-316. Whether the guardian ad litem represents a known person under a disability or an unidentified party, the appointment is not optional, and the guardian ad litem must file an answer on that person’s behalf.
Frequently Asked Questions
When must a court appoint a guardian ad litem in an Article 8 suit?
In every suit under the article, for any person under a disability who does not already have a guardian, committee, or trustee representing them, and for any party proceeded against as “parties unknown.”
Is a guardian ad litem needed if the disabled person already has a guardian?
No. The requirement applies to a person under a disability “not otherwise represented by a guardian or committee, or trustee appointed pursuant to § 64.2-2003” — someone already represented that way does not need a separate guardian ad litem.
What must the guardian ad litem do once appointed?
File an answer on behalf of the person represented. The statute makes that filing a required step, not a discretionary one.
Does this section apply to unknown parties, not just people with disabilities?
Yes. It also requires appointment of a guardian ad litem for anyone proceeded against by an order of publication under § 8.01-316 as “parties unknown.”
Is the guardian ad litem requirement automatic, or does someone have to request it?
The statute directs that a guardian ad litem “shall be appointed,” making it a mandatory step in every qualifying suit rather than something a party must ask for.
Amendment History
Code 1950, § 8-679; 1952, c. 360; 1972, c. 361; 1977, c. 617; 1997, c. 540.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: guardian ad litem virginia partition suit8.01-73 virginiarepresenting person under disability in lawsuit virginiaparties unknown order of publication virginia