Actions between third party and protected person; service of
process; suits against guardian or person acting under protective
order; substitution of parties
Sec. 3. (a) If a guardian has been appointed, all actions between
third persons and the protected person seeking to charge or benefit
the protected person or the protected person's property shall be
prosecuted by or against the guardian or person acting under a
protective order to represent the interests of the protected person in
the action. All process relating to that action shall be served on the
guardian.
(b) In the case of a claim against the guardian or person acting
under a protective order personally, the guardian or person acting
under the protective order may be sued both as guardian or person
acting under the protective order and in the personal capacity of the
guardian or person acting under the protective order in the same
action.
(c) If an action was commenced by or against the protected person
before the appointment of a guardian for the protected person, the
guardian upon appointment shall be substituted as a party for the
protected person. If the appointment of the guardian is terminated,
the guardian's successor shall be substituted as a party to the action.
If the protected person dies, the protected person's personal
representative shall be substituted. If the protected person is no
longer a minor or incapacitated person, the protected person shall be
substituted.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989,
SEC.79.
Last modified: May 27, 2006