Capacity Flashcards
1
Q
Can persons under 18 be sued or sue?
A
Infancy – persons under 18 cannot be sued. A minor entitled to sue may do so through their next of friend, usually a parent.
2
Q
Can incapacitated persons sue?
A
No. Drunks, addicts, incarcerated felons, and disabled cannot sue on own behalf. Guardian ad litem can be appointed, but if none and person represented by attorney, any judgment by the court will be valid as if a GAL had been appointed.
