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

203-248-8278, rsingerct@yahoo.com

Serving New Haven County and all of Connecticut