CPLR 1201 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search up ARTICLE 12 Infants, Incompetents and Conservatees next SECTION 1202 Appointment of guardian ad litem Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1201 Representation of infant, incompetent person, or conservatee Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 12 § 1201. Representation of infant, incompetent person, or conservatee. Unless the court appoints a guardian ad litem, an infant shall appear by the guardian of his property or, if there is no such guardian, by a parent having legal custody, or, if there is no such parent, by another person or agency having legal custody, or, if the infant is married, by an adult spouse residing with the infant, a person judicially declared to be incompetent shall appear by the committee of his property, and a conservatee shall appear by the conservator of his property. A person shall appear by his guardian ad litem if he is an infant and has no guardian of his property, parent, or other person or agency having legal custody, or adult spouse with whom he resides, or if he is an infant, person judicially declared to be incompetent, or a conservatee as defined in section 77.01 of the mental hygiene law and the court so directs because of a conflict of interest or for other cause, or if he is an adult incapable of adequately prosecuting or defending his rights.