Qualifications of persons suing as next friend -- Liability for costs
Known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
The act spans §§ 387–387 (121 sections).
Applied in 7 court decisions — leading case 956 F. Supp. 741 - Franks Ex Rel. H.B.L. v. Kentucky School for the Deaf (1996)
Most recently applied in Branham v. Stewart (March 2010)
Effective: July 1, 1982 History: Amended 1982 Ky
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) No person shall sue as next friend unless he reside in this state and be free from disability, nor unless he file his own affidavit showing his right to sue as next friend according to the provisions of this chapter.
(2) A guardian, curator, conservator or next friend who brings or prosecutes an action for a person who is under disability is liable for the costs which accrue during his conduct of the action, unless he be allowed to sue in forma pauperis or by an order of the court.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.