Arizona Process Server Practice Exam

How should you properly serve a summons and complaint to an individual declared incompetent?

1. Only leave a copy with the individual

2. Only leave a copy with the guardian

3. Leave a copy with both the individual and the guardian

4. Serve the documents to a family member

The correct answer is: Leave a copy with both the individual and the guardian

When serving a summons and complaint to an individual declared incompetent, it is necessary to ensure that the legal process respects both the individual's rights and the legal authority of their guardian. Serving both the individual and their guardian fulfills multiple important legal requirements. The individual has the right to be informed of the legal actions being taken against them, even if they are deemed incompetent. By providing them with a copy of the documents, you acknowledge their involvement in the process. At the same time, the guardian has been appointed to act on behalf of the individual, and they must also receive the documents to fulfill their role in representing the individual's interests in legal matters. This dual method of service ensures that both parties are adequately informed about the proceedings, aligning with legal standards and protocols in such cases. In contrast, serving only one party—whether it be just the individual, just the guardian, or a family member—does not sufficiently protect the rights of the incompetent individual or adhere to the legal requirements for proper service. This inclusive approach is essential for ensuring due process and maintaining the integrity of the judicial process in matters involving individuals who are unable to represent themselves.