Practice question
An adult defendant is shown to fall within Section10’s incompetency setting and has an appointed legal guardian. The server gives papers only to the defendant’s business partner, who is neither guardian nor guardian ad litem, and assumes familiarity is enough. Which is best?
- Any close acquaintance automatically becomes legal guardian
- A business partnership alone supplies the protective appointment
- The specified personal and guardian service must be established; familiarity alone does not satisfy the protective role
- The plaintiff may waive the protection for the defendant
- Incompetency makes all notice unnecessary
Legal references
- Rule14 Section10: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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