An action of a minor or any person adjudged incompetent shall be brought by the person's conservator if there is one or, if not, by the person's guardian if there is one; otherwise the minor may sue by a next friend, and the incompetent by a conservator or guardian appointed by the court for that purpose. If it is in the person's best interest, the court may dismiss such action or substitute another conservator, guardian or next friend.
Rule 1.210.Minors; incompetents
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.210 says a minor's or incompetent person's lawsuit must be brought by their conservator or guardian if one exists, or otherwise by a next friend for a minor or a court-appointed conservator or guardian for an incompetent, with the court free to dismiss the action or replace that representative when the person's best interest requires it.
Full Text of Rule 1.210
Plain-English Summary
Rule 1.210 establishes who speaks for a minor or a person adjudged incompetent when that person is the one bringing a lawsuit. The rule sets a clear order of priority: if the minor or incompetent person already has a conservator, that conservator brings the action. If there is no conservator but there is a guardian, the guardian brings it instead. Only when neither exists does the rule turn to a next friend for a minor, or a conservator or guardian the court appoints for that purpose for an incompetent person.
This layered approach means the same representative who already manages the person's affairs generally will usually also be the one directing litigation on their behalf, rather than creating a separate litigation-only representative when an existing conservator or guardian is available.
Rule 1.210 also gives the court ongoing oversight. If it serves the minor's or incompetent person's best interest, the court may dismiss the action outright, or it may substitute a different conservator, guardian, or next friend in place of the one currently acting. That authority protects the represented person from a representative who is not adequately protecting their interests.
Frequently Asked Questions
Who is supposed to bring a lawsuit on behalf of a minor?
Rule 1.210 requires the minor's conservator to bring the action if one exists; if not, the guardian if there is one; and only if neither exists may the minor sue through a next friend.
Who brings a lawsuit for someone who has been adjudged incompetent?
The same priority applies: the person's conservator if there is one, then the guardian if there is no conservator, and otherwise a conservator or guardian the court appoints for that purpose.
Can the court remove the person currently representing a minor or incompetent plaintiff?
Yes. Rule 1.210 allows the court to substitute another conservator, guardian, or next friend if doing so is in the represented person's best interest.
Can the court dismiss a case brought on behalf of a minor or incompetent person?
Yes, if dismissal serves that person's best interest. Rule 1.210 gives the court that authority alongside its power to substitute a different representative.
What is a 'next friend' under this rule?
It is the person authorized to sue on a minor's behalf when the minor has no conservator or guardian to bring the action instead.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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