278Becoming a litigation guardian

278 Becoming a litigation guardian (1) Unless a territory law otherwise provides, a person may become the litigation guardian of a person with a legal disability without the need for any formal instrument of appointment or any order of a court. (2) Unless a person is appointed as a litigation guardian by the court, a person becomes the litigation guardian of a person with a legal disability for a proceeding by filing in the court— (a) an affidavit by the solicitor for the person with a legal disability, or someone else with knowledge of the facts, stating that the (i) has agreed to be the litigation guardian; and (ii) is an appropriate person to be the litigation guardian; and (iii) does not have an interest in the proceeding adverse to the interest of the person with a legal disability; and (b) the person’s written consent to be the litigation guardian of the person with a legal disability; and People with a legal disability Division 2.4.9 Rule 279 (c) if the person with a legal disability is a plaintiff in the proceeding—an undertaking by the person that the person will be liable for any costs that the person with a legal disability might otherwise be required to pay in the proceeding. • approved form 2.10 (Affidavit for person to act as litigation guardian) AF2006-255 • approved form 2.11 (Consent and undertaking by person to act as litigation guardian) AF2006-256.