How should service be handled when the defendant is a minor or lacks capacity?

• A. Service upon a parent, guardian, or other legally authorized person
• B. Service upon any guardian
• C. Service cannot be made
• D. Service to a neighbor

Answer: (A)

When the defendant is a minor or lacks capacity, service must be directed to someone who has legal authority to receive it on their behalf. The parent or guardian is the typical recipient because they represent the minor’s interests and can ensure the papers are properly delivered and acted upon. If there is a court-appointed guardian, conservator, or another person legally authorized to receive service for the minor or incapacitated person, that individual may be served as well. This approach guarantees that the defendant actually gets notice in a way that respects their protective status. Serving a neighbor or attempting to serve the minor directly would not satisfy the requirement for proper notice, and simply saying there is a guardian isn’t enough unless that person is legally empowered to receive service for the defendant.