The prosecuting attorney shall demand such decree:(1) When the person is a raving maniac.(2) When none of other persons mentioned in the preceding section are living or when they do not make use of the right therein granted them.(3) When the husband or wife and the heirs of the person presumed to be incapable are minors or lack the status required to enable them to appear in a suit.The proper part of the Court of First Instance shall, in all such cases, appoint a next friend for the persons presumed to be incapable and who does not wish or is unable to defend himself. In other cases, the prosecuting attorney shall act as next friend. History —Civil Code, 1930, § 182.
Puerto Rico Legal Code