Detailed Answer
Service of process means formally notifying someone of a pending lawsuit. Massachusetts law sets special rules when the recipient is a minor (under age 18) or an individual under court-appointed guardianship.
Service on Minors
Under Massachusetts General Laws Chapter 231, Section 55, you cannot serve process directly on an infant (minor). Instead, serve the child’s parent, legal guardian, or conservator:
- Deliver a copy of the summons and complaint to the child’s parent or guardian in the Commonwealth. If multiple guardians exist, serve any one.
- If no parent or guardian can be found within Massachusetts, you may serve the minor directly, but this is a last resort once reasonable effort fails.
Example Hypothetical: A landlord sues a 16-year-old tenant for unpaid rent. The landlord hires a process server who personally hands the papers to the tenant’s mother, the minor’s legal guardian.
Service on Individuals Under Guardianship
When a court has appointed a guardian, conservator, or committee for an incapacitated person, you must serve that representative rather than the individual:
- Locate the letters of guardianship or conservatorship filed in Probate and Family Court.
- Serve the guardian, conservator, or committee by handing them the documents in person.
- If no representative appears to exist or cannot be located, Massachusetts courts may allow direct service on the individual after you demonstrate a good-faith search.
Statutory Reference: Mass. Gen. Laws ch. 231, § 55 (link).
Appointment of a Guardian Ad Litem
If the minor or incapacitated person has no guardian in the lawsuit, you can ask the court to appoint a guardian ad litem. Under Massachusetts Rules of Civil Procedure, Rule 17(c), the court names an attorney or other qualified person to represent their interests in that case.
Filing Requirements: File a motion for appointment of guardian ad litem and attach any guardianship orders or evidence of incapacity. The court reviews and issues an order before formal service.
Disclaimer: This article is for educational purposes only. It does not provide legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Confirm guardianship status by reviewing Probate and Family Court records.
- Keep a detailed affidavit of service showing whom you served and when.
- Use certified mail with return receipt for additional proof.
- If you can’t find a guardian, document your diligent search before asking for direct service.
- Consult local court rules—some Probate and Family Courts have specific procedures for serving minors or incapacitated individuals.