Bringing or Defending a Civil Case
Read whole topic Back Print Forward

6. What happens if a mentally incapacitated person or an infant/minor wants to start a legal action?

A mentally incapacitated person means a person suffering from a mental disorder or a person who is or appears to be mentally handicapped.

A minor is a person who has not attained the age of 18.

Mentally incapacitated persons and minors are classified as persons under a disability in law. To start civil actions for persons under a disability, a "next friend" must be appointed to act on behalf of the person under the disability. Further, such a person under a disability cannot defend a civil action unless a "guardian ad litem" is appointed to act on his behalf. Normally, a "next friend" or a "guardian ad litem" would be a relative of the person under disability or someone who takes charge of the person under disability. A "next friend" or "guardian ad litem" must be represented by a lawyer.

Top