Section 1802. By whom maintained  


Latest version.
  • 1. Except as provided in subdivision two,
      the special  proceeding  may  be  maintained  only  by  the  general  or
      testamentary  guardian  or guardian appointed by deed of the property of
      the infant, or by the committee  of  the  property  of  the  incompetent
      person,  or  by the conservator of the property of a conservatee.  Where
      it is maintained in behalf of an infant of the age of fourteen years  or
      upwards, the infant must join therein.
        2.  Where the value of the claim does not exceed one thousand dollars,
      the special proceeding may be maintained by the father,  or  mother,  or
      some  competent  person  with  whom  the  infant,  incompetent person or
      conservatee resides, or who has some interest in his  welfare.    Where,
      however,  there  is  an existing general or testamentary guardian of the
      property of such  infant,  or  a  committee  of  the  property  of  such
      incompetent   person,   or   a  conservator  of  the  property  of  such
      conservatee,  the  proceeding   may   be   maintained   only   by   such
      representative.