What is a valid method to serve process on a mentally-incapacitated individual?

• A. Serve on the spouse only
• B. Serve on the defendant personally
• C. Serve on the defendant's physician
• D. Serve on a parent/guardian or court-appointed representative

Answer: (D)

When someone is mentally incapacitated, notice must be delivered to someone who has legal authority to accept service on their behalf. The person who can receive service is usually a guardian, conservator, or other court‑appointed representative who can act for the incapacitated individual and has the duty to protect their interests. Serving process on that authorized representative ensures due process because the recipient has the actual power to respond and relay the papers to the incapacitated person as needed. Serving on a spouse or a physician doesn’t automatically create the required authority to accept service for the incapacitated individual, and personal service on the incapacitated person isn’t feasible if they can’t understand or participate.