8. Some individuals or entities can appear in court only through a legal representative.

Examples include a decedent’s estate, an infant, and a person who lacks mental competence.

In 1988 Congress amended 28 U.S.C. § 1332 in response to the problem of “manufactured diversity” when a representative is appointed to meet the citizenship requirement.

See McSparran v. Weist, 402 F.2d 867, 871 (3d Cir. 1968); see also Mullenix, Creative Manipulation of Federal Jurisdiction: Is There Diversity After Death?, 70 Cornell L. Rev.

1011 (1985). How does the current statute determine citizenship when a representative is appointed? Complicated problems arise if an incompetent person is moved to a new state and the representative seeks to demonstrate intent to change domicile for purposes of diversity jurisdiction. See Upchurch, Can Granny Have a New Home? Resolving the Dilemma of Dementia and Domicile in Federal Diversity Jurisdiction Cases, 79 U. Colo. L. Rev. 545

(2008).