Part 800 · Minors And Incapacitated Persons as Parties

Rule 809. Incapacitated Person May Be Party To Action

Amended March 13, 2015 (current)

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. Source