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

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

Official Note

See Rules 2056(a) and 2057, as to the procedure and effect of an action brought by an incapacitated plaintiff who is not represented by a guardian or a guardian ad litem.

(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.

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).