PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Capacity to Maintain Action
............Minors and Incompetents
11 Cards On This Topic:

Minors and incompetents and their capacity to sue.

Party for whom conservator has been appointed shall appear by guardian or conservator of estate or by guardian ad litem appointed by ct.

Minors can only maintain actions through guardians because minors do not have legal capacity to sue and be sued.

Appointing Guardian Ad Litem: Procedure and timing.

Guardian ad litem has power to compromise, agree to order or judgment, satisfy order or judgment in favor of minor, or release or discharge claim.

In marriage dissolution action, guardian ad litem may represent incompetent spouse because GAL is not party to action, only representative.

Mother who acts as guardian ad litem cannot also represent minor in propria persona.

Guardian ad litem cannot bind minor to improvident admissions or concessions that prejudice minor's rights.

Guardians ad litem function to protect interests and rights of minors and incompetent persons; adverse interest is ground for removing GAL.

Since appointment takes place after service of process, if guardian ad litem appears for D prior to service, ct. will void GAL's appearance.

Amendment proper to substitute real party in interest (minor through guardian ad litem) for party lacking legal capacity (foreign guardian).