Helm Hobbs v. Wells Fargo & Company

I. BACKGROUND

22 In the instant motion, Plaintiff seeks appointment of a guardian ad litem on his 23 behalf. Plaintiff’s counsel explains that Plaintiff suffers from a major neurocognitive 24 disorder due to multiple causes including possible Alzheimer’s disease. (Doc. No. 30 at 2.) 25 As a result, Plaintiff suffers from poor memory and requires help with decision making. 26 (Id.; Doc. No. 23-7 at 2.) 27 /// 28 Plaintiff seeks appointment of his son, Christopher Hobbs, to serve as his guardian ad litem pursuant to Federal Rule of Civil Procedure 17(c)(2). Christopher Hobbs currently serves as Plaintiff’s attorney-in-fact pursuant to a durable power of attorney. (Doc. No. 23-1 at 3.) Moreover, Plaintiff is not conserved and there appear to be no conflicts of interest between Christopher Hobbs and Plaintiff. (Id.) II. LEGAL STANDARD Rule 17(c) establishes certain rules regarding representation of minors and incompetent persons in federal court actions. First, for individuals “with a representative,” the Rule provides that “[t]he following representatives may sue or defend on behalf of a minor or an incompetent …