§ 1201. Representation of infant, incompetent person, or conservatee.
Unless the court appoints a guardian ad litem, an infant shall appear by
the guardian of his property or, if there is no such guardian, by a
parent having legal custody, or, if there is no such parent, by another
person or agency having legal custody, or, if the infant is married, by
an adult spouse residing with the infant, a person judicially declared
to be incompetent shall appear by the committee of his property, and a
conservatee shall appear by the conservator of his property. A person
shall appear by his guardian ad litem if he is an infant and has no
guardian of his property, parent, or other person or agency having legal
custody, or adult spouse with whom he resides, or if he is an infant,
person judicially declared to be incompetent, or a conservatee as
defined in section 77.01 of the mental hygiene law and the court so
directs because of a conflict of interest or for other cause, or if he
is an adult incapable of adequately prosecuting or defending his rights.