Every person has a right to commence proceedings in the courts of law. However the question is what happens when the party is mentally ill. One might have been with a mental sickness since birth while others might have suffered some conditions during their life that would have led to the mental illness. Both are persons of unsound mind
Such persons may commence an action in courts of law through a next of friend or defend a suit through a guardian ad litem. Both such people should have the interests of the unsound person at heart. If it is discovered that the interests are adverse such person shall be disqualified from the acting for the mentally ill person.
In instances where the party becomes mentally ill during the proceedings, a defense should not be pleaded but rather a next of friend or guardian should be appointed and the proceedings continued. Proceedings after the incompetence has been confirmed and carried on without appointing one are invalid
If the mentally ill person recovers during the proceedings, he should apply to court for discharge of the next of kin or guardian ad litem.
On death of a party who is mentally deficient an ex-parte application may be made to a court to have his Executor or Administrator made a party to the action and the order should provide an amendment of the pleadings.