Appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request and petition of a relative or friend of the incapacitated person. However, in the event no relative or friend of the incapacitated person makes application for the appointment of a guardian ad litem within twenty days after service of process upon the incapacitated person, then the court in which said action or proceeding is pending, may, upon the application of any other party to the action or proceeding, appoint some qualified person to act as guardian ad litem for the incapacitated person in said cause.
History: Laws 1925, ch. 22, § 4; C.S. 1929, § 85-304; 1941 Comp., § 19-614; 1953 Comp., § 21-6-14; Laws 1975, ch. 257, § 8-111.
Compiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA.
Cross references. — For service of process against insane or incompetent persons, see 38-1-12 NMSA 1978.
For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017C NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.
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