The plaintiff's counsel of record brought a motion seeking a court-ordered capacity assessment of the plaintiff and the appointment of the Public Guardian and Trustee as her litigation guardian.
The plaintiff opposed the motion.
The court found that counsel had not followed the proper procedure under Rule 7.03(6) by failing to serve a Request for Appointment of Litigation Guardian prior to bringing the motion, which took the plaintiff by surprise.
To ensure fairness, the court adjourned the motion and granted the plaintiff time to deliver responding materials.
