Skip to main content

Rule 2054 Actions By and Against Incapacitated Persons. Averments in Plaintiff’s Pleadings

Chapter 2050: Incapacitated Persons as Parties

(a) An action in which a plaintiff is incapacitated shall be entitled ‘‘A, An Incapacitated Person, by B, Guardian,’’ against the defendant.

(b) The initial pleading filed in behalf of a plaintiff who is incapacitated shall state the name and address of the plaintiff’s guardian, if any, the nature of the guardianship and a reference to the record of the guardian’s appointment.

(c) An action in which a defendant is an incapacitated person shall be commenced against the defendant by name in the manner in which a like action is commenced against an adult who is not incapacitated.

Amendment history: The provisions of this Rule 2054 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial page (220908).