Informal Opinion Number: 950178

QUESTION: Attorney represents H and W as defendants in a personal injury case. W´s mental abilities are fine but H has Alzheimer´s Disease. H continues to function on a daily basis but H has no recollection of the incident leading to the lawsuit and there is some question as to his mental acuity. H has never been declared incompetent. Does Attorney have an obligation to seek a guardian ad litem for H? ANSWER: Based on the information provided, it does not appear that Attorney has an obligation under the Rules of Professional Conduct to seek to have a guardian ad litem appointed for H. However, because this question is very fact dependent and somewhat subjective, Attorney should review Rule 4-1.14 for guidance in this situation. Attorney should discuss the matter with H, to the extent this is feasible. This opinion does not address whether any statutory provisions may apply to this situation.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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