Did a lawyer have to seek a guardian ad litem for a client with Alzheimer's disease who had not been declared incompetent?

Plain-English summary

The lawyer represented two defendants in a personal injury case. One client had Alzheimer's disease, could function daily, did not remember the incident, and had never been declared incompetent. The lawyer asked whether to seek a guardian ad litem.

On those facts, the opinion found no apparent obligation under the Rules of Professional Conduct to seek an appointment. It described the question as fact dependent and somewhat subjective, directed the lawyer to review Rule 4-1.14, and called for discussion with the client to the extent feasible. It expressly did not address applicable statutory provisions.

Currency note

This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Was appointment required under the ethics rules on these facts?

A: The opinion said no obligation to seek a guardian ad litem appeared from the information provided.

Q: What rule and client contact did the opinion identify?

A: It directed the lawyer to review Rule 4-1.14 and discuss the matter with the client to the extent feasible.

Q: Did it resolve any statutory appointment requirement?

A: No. The opinion expressly left statutory provisions outside its answer.

Background and rules framework

The opinion referred to Missouri Rule 4-1.14 because the assessment was fact dependent and somewhat subjective. It limited its conclusion to obligations under the Rules of Professional Conduct and did not analyze statutes.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.14

See also

• Missouri Informal Op. 2026-05: Client with diminished capacity
• Missouri Informal Op. 2020-27: Diminished capacity and discharge

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950178/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents H and W as defendants in a personal injury case. W´s mental abilities are fine but H has Alzheimer´s Disease. H continues to function on a daily basis but H has no recollection of the incident leading to the lawsuit and there is some question as to his mental acuity. H has never been declared incompetent. Does Attorney have an obligation to seek a guardian ad litem for H? ANSWER: Based on the information provided, it does not appear that Attorney has an obligation under the Rules of Professional Conduct to seek to have a guardian ad litem appointed for H. However, because this question is very fact dependent and somewhat subjective, Attorney should review Rule 4–1.14 for guidance in this situation. Attorney should discuss the matter with H, to the extent this is feasible. This opinion does not address whether any statutory provisions may apply to this situation.