Section 402. Appearance for infant, incompetent, conservatee or person under disability 1  


Latest version.
  • An infant  may  appear  by  the  guardian  of  his  property,  an
      incompetent  by  the committee of his property, and a conservatee by his
      conservator.  The appointment of a guardian ad litem does  not  bar  the
      guardian,  committee  or  conservator  from  appearing as a party.   The
      person so appearing and his attorney shall each file on  or  before  the
      return day of process an affidavit showing
        (a)  that he is qualified to protect their rights,
        (b)   whether he is related to or connected in business with any party
      to the proceeding or the attorney for any party,
        (c)   whether he is entitled to share  in  the  estate  in  which  the
      infant,  incompetent  or  conservatee  is  interested  or  is in any way
      interested therein,
        (d)  whether he has any interest adverse to or in conflict  with  that
      of the infant, incompetent or conservatee and
        (e)  such additional facts as may be required by the court.
        2.    A  person  under  disability shall appear by a guardian ad litem
      where no appearance is made as provided in subdivision one or where  the
      court  so  directs because of possible adversity or conflict of interest
      or for other cause.