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

• A. Infants and incompetents must sue or defend by guardian or guardian ad litem
• B. Infants may sue in their own name
• C. Incompetents may sue without guidance
• D. The court appoints a guardian for all proceedings

Answer: (A)

Infants and incompetents lack the legal capacity to sue or defend on their own, so North Carolina law requires that their interests be represented in court by a guardian or by a guardian ad litem. This ensures someone who can properly manage the case and protect the individual’s rights handles the lawsuit, and that any court proceedings and potential recovery are supervised in a way that protects the party’s best interests.

The guardian is the person who has or is given authority to manage the minor’s or incompetent’s affairs, while the guardian ad litem is a court-appointed representative used specifically to advocate for the person’s interests in the litigation. This setup ensures the case proceeds fairly and the minor’s or incapacitated person’s protections are front and center.

Infants cannot sue in their own name, and incompetents cannot sue without someone authorized to represent them. The court does not automatically appoint a guardian for all proceedings in every situation; when needed for litigation, a guardian or guardian ad litem is designated to handle the action.