What happens when someone is physically or mentally infirm, does not have a guardian/conservator and is a party to a lawsuit? When someone does not have an attorney in litigation, he or she is held to the same standard as a licensed attorney. However, when a physical or mental infirmity exists, that may be impossible.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own’s interest in any litigation. Further, the Court is to (3) inquire into the person’s condition for the purpose of the particular litigation and (4) may appoint a guardian for the purpose of the particular litigation.
Contact with questions about probate litigations or general civil litigation.