93-13-27 - Judicial proceedings on behalf of ward to be brought in name of guardian.
§ 93-13-27. Judicial proceedings on behalf of ward to be brought in name of guardian.
All suits, complaints, actions and administrative and quasi judicial proceedings for or on behalf of a ward for whom a general guardian has been appointed shall be brought in the name of the general guardian for the use and benefit of such ward, be such general guardian that of his estate or that of his estate and person or that of his person only. And all such actions, suits or proceedings shall be commenced only after authority has been granted to such general guardian by proper order or decree of the court or chancellor of the county in this state in which the guardianship proceedings are pending, upon proper sworn petition and supporting oral testimony. A certified copy of said order authorizing such suit or proceedings shall be attached to the complaint or instrument or document originally filed as commencing such action, suits or proceedings. If such proceedings be commenced by act of said general guardian, then on request therefor a certified copy of said order or decree shall be submitted by said general guardian as evidence of his authority to the person or persons with or through whom the guardian may deal in performing any act commencing such proceedings.
Sources: Codes, Hutchinson's 1848, ch. 36, art. 1(125); 1857, ch. 60, art. 142; 1871, § 1202; 1880, § 2097; 1892, § 2186; 1906, § 2403; Hemingway's 1917, § 1964; 1930, § 1868; 1942, § 404; Laws, 1960, ch. 215; Laws, 1972, ch. 408, § 5, eff from and after July 1, 1972.