There is a bankruptcy rule to follow when a bankruptcy is filed on behalf of an incompetent person or infant.
Rule 1004.1. Petition for an Infant or Incompetent Person
If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor.
The general rule is that a guardian or conservator can file a voluntary petition on behalf of an infant or incompetent.
If there is no such person, a petition can be filed by a next friend. However, a typical “next friend” is a person appointed by a court to look after an incompetent person, in some legal capacity.
If there is no legal representative already appointed, the bankruptcy court has the authority to appoint a guardian ad litem or make “any other order” to protect the infant or incompetent person.
Unfortunately, care for an incompetent person may be very expensive. If a party incurs debt on behalf of an incompetent person, the incompetent person may need to have filed a voluntary petition on his or her behalf.
If you have any bankruptcy questions, please feel free to call
Attorney Robert M. Singer, 2572 Whitney Avenue, Hamden, CT 06518
Serving New Haven County and all of Connecticut