§ 16-61-105 - Actions by insane persons.
16-61-105. Actions by insane persons.
(a) (1) The action of a person judicially found to be of unsound mind must be brought by his or her guardian or, if he or she has none, by his or her next friend.
(2) When brought by his or her next friend, the action is subject to the powers of the court in the same manner as the action of an infant so brought.
(b) The guardian or next friend is liable for the costs, and the court, in its discretion, may require him or her to give security for costs.