Voluntary Petition on Behalf of an Infant or Incompetent Person

U.S Code last checked for updates: Jan 30, 2025

Rule 1004.1.

(a)

Represented Infant or Incompetent Person.

If an infant or an incompetent person has a representative—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.

(b)

Unrepresented Infant or Incompetent Person.

If an infant or an incompetent person does not have a representative:

(1)

a next friend or guardian ad litem may file the petition; and

(2)

the court must appoint a guardian ad litem or issue any other 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.)