Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:
(1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;
(2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also.