If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor. (Added Apr. 29, 2002, eff. Dec. 1, 2002.)
added in current removed in current
Compared to current version (2025).
(a) Represented Infant or Incompetent Person. If an infant or an incompetent person has a representative, including-such as a general guardian, committee, conservator, or similar fiduciary, -the representative may file a voluntary petition on behalf of the infant or incompetent person. A
(b) Unrepresented Infant or Incompetent Person. If an infant or an incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. Trepresentative:
(1) a next friend or guardian ad litem may file the petition; and
(2) the court shallmust appoint a guardian ad litem for an infissue anty or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protectther order needed to protect the interests of the infant debtor or incompetent debtor. (Added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 2, 2024, eff. Dec. 1, 2024.)