A Form 42 is an application for Appointment of Guardian Ad Litem, a person the court appoints to represent the best interests of a child or someone who is incompetent in a case. This form is used when a plaintiff in a case is an infant or an incompetent person that has no general or testamentary guardian (A person named in a will to serve as a guardian). In civil actions in North Carolina when any of the parties is an infant or incompetent person, he or she must appear by general or testamentary guardian, if he or she has any within this state, or by guardian ad litem. For example, if a minor child was involved in a case and his or her only guardian was in prison. The court may appoint a close friend that is taking care of the child to represent him or her in the case. Or if a person is injured while at work diminishing their mental capacity and they do not have someone to represent them, a guardian ad litem may be appropriate.
The guardian ad litem may take such steps as he or she deems appropriate to prosecute the action in behalf of the minor or mentally incapable, and may take settlement of the minor or mentally incapable’s claim, subject to the approval of the Commission. The guardian ad litem has no authority to receive or accept any funds. Only the Clerk of Superior Court or a general guardian appointed under the Clerk’s jurisdiction has the authority to receive funds and disburse them for an incompetent or infant.
