Holding that a minor's mother lacked authority to proceed as Next Friend in federal suit where the federal court had appointed a guardian ad litem to represent the child
Holding that district court gave plaintiffs reasonable time to substitute party when it ordered them to address the issue and waited six months before dismissing
Recognizing that "[b]ecause ' person may be competent to make some decisions but not others,' the test of a party's competency 'varies from one context to another'"
In Noe v. True, the Sixth Circuit held that it was error to refuse to appoint a guardian ad litem for the minor plaintiff even though she was represented by counsel, because the duties of the guardian ad litem involve "a role not ordinarily contemplated by the simple attorney-client relationship."
Stating that Rule 17(c) may require an inquiry into the plaintiff's "capacity to understand the meaning and effect of the litigation being prosecuted in her name."