Rule 1.212.Guardian ad litem

Rule 1.212 supplies the procedure for getting a guardian ad litem in place once a defendant appears to fall within Rule 1.211's protected categories. If a party served with original notice appears subject to that rule — a minor, a confined or incompetent person, or someone a physician certifies as mentally incapable of defending — the court may appoint a guardian ad litem for that party, or substitute a different guardian ad litem for one already serving, whenever doing so serves the ward's interest.

The rule then specifies who can ask for that appointment or substitution. If the ward is competent, or is a minor over 14 years old, the ward can apply directly. Otherwise, the application can come from the party's conservator or guardian, or, if none exists, from any friend of the party or any party to the action. That last option matters in practice: it means the plaintiff, or a co-defendant, can be the one who flags to the court that a defendant needs a guardian ad litem, rather than leaving the protection dependent on someone close to the ward stepping forward.