Capacity

(a) Capacity to Sue or be Sued. The capacity of a party, who is not acting in a representative capacity, to sue or be sued, is determined by the law of this state. (b) Minor or Incompetent Persons. (1) With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person: (A) a general guardian; (B) a committee; (C) a conservator; or (D) a like fiduciary. (2) Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person unrepresented in an action. (Adopted March 29, 2021, effective July 1, 2021.)