Section 809. Incapacitated Person May Be Party To Action

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An incapacitated person may be a party to an action before a magisterial district judge if the incapacitated person is represented by a court appointed guardian.

Official Note
Since an ‘‘incapacitated person’’ as defined in Rule 801(3) is an adult who already has a guardian appointed pursuant to 20 Pa.C.S. § 5511, this rule requires that the incapacitated person be represented by a court appointed guardian. See Rule 812A. Under Rule 819, the magisterial district judge cannot appoint a guardian or guardian ad litem.
See also Rules 813 and 815 and the notes to those rules.

The provisions of this Rule 809 amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (309571).

                    
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