Revised Statues - Chapter 42 Husband and Wife

The petition shall be verified by the petitioner and filed in the office of the clerk of the district court of the proper county. A copy thereof, with the notice of the time at which such application will be heard by the court, shall be served personally upon the mentally incompetent person in the same manner in which a summons is served at least ten days prior to the time fixed for such hearing. Upon completed service, the court shall appoint some responsible attorney thereof guardian ad litem for the person alleged to be mentally incompetent, who shall ascertain the propriety, good faith, and necessity of the prayer of the petitioner and may resist the application by making any legal or equitable defense thereto. The guardian ad litem shall be allowed by the court a reasonable compensation to be paid as are the other costs.