§ 16-61-106 - Actions against insane persons -- Defense.
16-61-106. Actions against insane persons -- Defense.
(a) The defense of an action against a person judicially found to be of unsound mind must be by his or her guardian or a guardian appointed by the court to defend for him, where no guardian appears or where the court directs a defense by a guardian.
(b) No judgment can be rendered against him or her until after a defense by his or her guardian or by a guardian appointed for that purpose.
(c) No appointment can be made until after service of the summons, as directed in this code.
(d) The guardian to defend may be appointed on the application of any friend of the defendant or on that of the plaintiff.