Infants and incompetents must sue or defend by guardian or guardian ad litem.

• A. Infants and incompetents must sue or defend by guardian or guardian ad litem
• B. They must be represented only by a public defender
• C. They can represent themselves if they understand
• D. They need no representation

Answer: (A)

Infants and incompetents cannot sue or defend in civil actions on their own because they lack the legal capacity to manage court affairs. To protect their interests, North Carolina law requires they be represented by a guardian or a guardian ad litem in the suit. The guardian ad litem is appointed by the court to act on the person’s behalf, handling pleadings, participating in the proceedings, and ensuring decisions are made in the minor’s or incompetent person’s best interests. This protection applies from the start of the case through its resolution, and the representation continues until the person regains capacity or the matter ends. Public defenders handle criminal cases, not civil matters; a person’s understanding does not grant permission to represent someone else in civil litigation; and no representation would ignore the protective purpose of these rules.