How are parties under disability represented in legal proceedings?

Parties under disability, such as minors or individuals deemed incapable of managing their own affairs, are represented in legal proceedings by a litigation guardian or their committee. A litigation guardian is appointed to act on behalf of the party under disability, ensuring that their interests are adequately represented in court. This arrangement serves to protect those who may not have the capacity to make informed decisions regarding their legal matters.

While a public trustee may be involved in certain cases, their role is more limited and specific to particular circumstances, such as managing the financial affairs of individuals who are unable to do so themselves. Legal counsel can be chosen by the litigation guardian to represent the party, but the guardian plays a fundamental role in overseeing the legal representation and making decisions on behalf of the individual under disability.

Family members, while they may provide support or advocate for the needs of the person under disability, do not automatically have the authority to represent that individual in legal settings unless they are appointed as a litigation guardian or have been given legal authority. Thus, the most appropriate and legally supported way to ensure protection and advocacy for parties under disability in legal situations is through the appointment of a litigation guardian or committee.