Legal analysis: Persons without civil capacity and persons with limited capacity need to be appointed as agents ad litem. Generally represented by parents or close relatives, husband and wife, as the first guardians, cannot be represented in divorce proceedings. Patients with intermittent mental illness should not be deprived of their litigation rights, but should be guaranteed the right to handle their own marital affairs when they are awake.
Legal basis: Article 57 of the Civil Procedure Law of People's Republic of China (PRC), a person without civil capacity shall be represented by his guardian. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.