How to serve process on a mentally-incapacitated plaintiff (2)?

• A. The plaintiff’s parent, guardian, or any person with legal custody
• B. The court clerk
• C. The plaintiff’s spouse
• D. The defendant’s attorney

Answer: (A)

When someone is mentally incapacitated, service of process must go to the person who has legal authority to receive notices and act for them in legal matters. That authority typically rests with a parent, guardian, or other person with legal custody who has been appointed to oversee the incapacitated individual’s affairs. Serving that guardian or custodian ensures the person who can actually respond and represent the plaintiff receives proper notice, fulfilling due process.

Serving the court clerk isn’t appropriate because the clerk isn’t the representative who can accept service on behalf of the incapacitated party. Serving the plaintiff’s spouse isn’t enough unless the spouse has been appointed guardian or custodian. Serving the defendant’s attorney also isn’t correct, since service must be on the party or a legally authorized representative, not on opposing counsel.