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This entry was published on 2014-09-22
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SECTION 402
Appearance for infant, incompetent, conservatee or person under disability 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 4
§ 402. Appearance for infant, incompetent, conservatee or person under

disability

1. An infant may appear by the guardian of his property, an
incompetent by the committee of his property, and a conservatee by his
conservator. The appointment of a guardian ad litem does not bar the
guardian, committee or conservator from appearing as a party. The
person so appearing and his attorney shall each file on or before the
return day of process an affidavit showing

(a) that he is qualified to protect their rights,

(b) whether he is related to or connected in business with any party
to the proceeding or the attorney for any party,

(c) whether he is entitled to share in the estate in which the
infant, incompetent or conservatee is interested or is in any way
interested therein,

(d) whether he has any interest adverse to or in conflict with that
of the infant, incompetent or conservatee and

(e) such additional facts as may be required by the court.

2. A person under disability shall appear by a guardian ad litem
where no appearance is made as provided in subdivision one or where the
court so directs because of possible adversity or conflict of interest
or for other cause.