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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.
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Last modified: May 25, 2011