Rule 1004.1. Voluntary Petition on Behalf of an Infant or Incompetent Person

(a) REPRESENTED INFANT OR INCOMPETENT PERSON. If an infant or an incompetent person has a representative—such as a general guardian, committee, conservator, or similar fiduciary—the representative may file a voluntary petition on behalf of the infant or incompetent person.

(b) UNREPRESENTED INFANT OR INCOMPETENT PERSON. If an infant or an incompetent person does not have a representative:

(1) a next friend or guardian ad litem may file the petition; and

(2) the court must appoint a guardian ad litem or issue any other order needed to protect the interests of the infant debtor or incompetent debtor.

(Added Apr. 29, 2002, eff. Dec. 1, 2002; amended Apr. 2, 2024, eff. Dec. 1, 2024.)


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