Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1802
By whom maintained
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 18
§ 1802. By whom maintained. 1. Except as provided in subdivision two,
the special proceeding may be maintained only by the general or
testamentary guardian or guardian appointed by deed of the property of
the infant, or by the committee of the property of the incompetent
person, or by the conservator of the property of a conservatee. Where
it is maintained in behalf of an infant of the age of fourteen years or
upwards, the infant must join therein.

2. Where the value of the claim does not exceed one thousand dollars,
the special proceeding may be maintained by the father, or mother, or
some competent person with whom the infant, incompetent person or
conservatee resides, or who has some interest in his welfare. Where,
however, there is an existing general or testamentary guardian of the
property of such infant, or a committee of the property of such
incompetent person, or a conservator of the property of such
conservatee, the proceeding may be maintained only by such
representative.