- 5 - defend in the Court on behalf of the * * * incompetent person. An * * * incompetent person who does not have a duly appointed representative may act by a next friend * * * Pursuant to Rule 60(c), we first look to California law to determine whether Mr. Campos possesses the requisite capacity to engage in litigation before the Court.2 See Neilson v. Colgate- Palmolive Co., 199 F.3d 642, 656-657 (2d Cir. 1999); Thomas v. Humfield, 916 F.2d 1032, 1034-1035 (5th Cir. 1990). California Probate Code section 1801(a) (West 2002), provides that a conservator of a person may be appointed if a person is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter. California Probate Code section 1801(b) (West 2002), provides that a conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence. We are satisfied on the record presented that Mr. Campos is unable to provide for his personal needs for physical health and is unable to manage his own financial affairs within the meaning of California Probate Code section 1801(a) and (b) (West 2002). Because Mr. Campos would qualify for the appointment of a 2 The petition reflects a mailing address for Mr. Campos of ICU Coronado Hospital, San Diego, Cal., and a mailing address for Mrs. Campos of 1617 Ginsberg Court, San Diego, Cal.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011