Rule 112.Capacity

Rule 112 is short and answers one question: who may appear in a case for someone who cannot appear for themselves.

Capacity

The capacity of a party who is not acting in a representative capacity to sue or be sued is determined by the law of this state.

With a representative already appointed

Four may sue or defend on behalf of a minor or an incompetent person: a general guardian, a committee, a conservator, or a like fiduciary. No further appointment is needed; the authority already exists.

Without one

A minor or incompetent person with no duly appointed representative may sue by a next friend or by a guardian ad litem.

Then the sentence that carries the rule: the court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person unrepresented in an action. That is an obligation on the court, not an option, and it is not conditioned on a request from anyone.

Where the child's own representation lives

Rule 112 is about capacity to litigate. It is not the rule for appointing someone to speak for a child about custody — that is Rule 118, which distinguishes a child's attorney from a guardian ad litem and sets out what each may and may not do. Rule 1006's masters and Rule 1002's parenting coordinators are different roles again.