Rule 2037.Minor Becoming of Age During Pendency of Action.

A minor who comes of age during the case can shed the guardian. Either the former minor or the guardian may have the record amended to remove the guardian’s name. The rule does not fix an age of majority; it applies when the minor reaches it during the pendency of the action.

Completing the amendment matters to the guardian. Under Rule 2038, a guardian is not individually liable for a judgment against the minor, but is liable for costs taxed against a minor plaintiff and against a minor defendant asserting a setoff or counterclaim. Once the amendment of the record is complete, the guardian is relieved of all liability for costs.

Rule 2062 provides a parallel step for an incapacitated party found to have capacity during the action. There the amendment is mandatory: the record shall be amended to remove the guardian or guardian ad litem.