Hyde v. Hyde
Absent evidence that a wife is incompetent, a wife may not be entitled to the appointment of a guardian ad litem to protect her interests. Allegedly, the plaintiff wife became anxious and suffered from insomnia, after the defendant husband left the marital residence. The parties' child travels often to help her mother with finances and to maintain the residence. The wife moved for the appointment of a guardian ad litem to protect the wife's interests. The court found that the wife remains capable of operating a motor vehicle and maintaining functions of daily living. "No evidence was submitted," wrote the court, "to establish the plaintiff is unable . . . to protect her interest, nor has she been adjudicated incompetent and placed under conservatorship by a court of competent jurisdiction." The court denied the wife's motion for the appointment of a guardian ad litem to protect the wife's interests.