Can a guardian ad litem bring an action for divorce on behalf of a conservatee?

California, United States of America


The following excerpt is from Schuck v. Myers, 233 Cal.App.2d 151, 43 Cal.Rptr. 215 (Cal. App. 1965):

Appellant makes no specific assignment of error, but, under the general heading 'Argument,' sets forth several contentions in support of his conclusion that the judgment entered herein should be reversed. Initially, he argues that conservators have no power to bring an action for a divorce on behalf of a conservatee. We need not consider this question, however, for it is definitely settled that even a guardian ad litem for a presumably incompetent spouse may bring an action for separate maintenance. (Pulos v. Pulos, 140 Cal.App.2d 913, 915, 295 P.2d 907, hearing denied.)

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