Section 816. Compromise, Settlement, Discontinuance and Payment

A. The guardian of a party who is an incapacitated person may compromise or settle the action on behalf of the incapacitated person or may discontinue the action if it was brought by or on behalf of the incapacitated person.

B. The amount of a compromise, settlement or judgment in favor of a party who is an incapacitated person shall, if it is known that the party is an incapacitated person, be paid to the guardian of the estate qualified to receive the fund if the incapacitated person has one or one is to be appointed. If the incapacitated person has no such guardian and none is to be appointed, the amount shall be paid to the guardian of the person or to the person or agency by whom the incapacitated person is maintained.

Official Note

Compare Pa.R.C.P. No. 2064. See the note to Rule 808.

The provisions of this Rule 816 amended January 29, 1976, 6 Pa.B. 361; amended March 13, 2015, effective April 12, 2015, 45 Pa.B. 1492. Immediately preceding text appears at serial page (370081).