(cf SCR Part 63, rules 5, 7 and 8; DCR Part 45, rules 7 and 8; LCR Part 34, rules 8 and 9)(1) In any proceedings in which a party is or becomes a person under legal incapacity:(a) if the person does not have a tutor, the court may appoint a tutor, or(b) if the person has a tutor, the court may remove the party’s tutor and appoint another tutor.(2) In any proceedings concerning a person under legal incapacity who is not a party, the court may appoint a tutor of the person and join the person as a party to the proceedings.(3) If the court removes a party’s tutor, it may also stay the proceedings pending the appointment of a new tutor.(4) Subject to any order of the court, notice of any motion under this rule is to be served on the person under legal incapacity and, if it proposes removal of the person’s tutor, on the tutor.(5) In proceedings on a motion for the appointment of a tutor, evidence in support of the motion must include:(a) evidence that the party for whom a tutor is to be appointed is a person under legal incapacity, and(b) evidence that the proposed tutor consents to being appointed and does not have any interest in the proceedings adverse to the interests of the person under legal incapacity.(6) An application for appointment as tutor under this rule may be made by the court of its own motion or on the motion of any other person, including the proposed tutor.