Rule 2051.Definitions.

The chapter on incapacitated persons as parties rests on four definitions. An “incapacitated person” is an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired so significantly that the person is partially or totally unable to manage financial resources or to meet the essential requirements for physical health and safety. The definition looks at what the person can do, and it covers only adults; minors have their own chapter, which begins at Rule 2026.

“Guardian” means, unless the context indicates otherwise, the guardian or other fiduciary a court of competent jurisdiction appointed for the person or estate of the incapacitated person. “Confined” means legally committed, or voluntarily or involuntarily restrained, because of incapacity; the term matters under Rule 2056(b), which calls for notice to the person in charge of the institution where an unrepresented defendant is confined. “Action” means any civil action or proceeding brought in or appealed to a court of record and subject to these rules.

Rule 2053 then requires an incapacitated party to be represented by a guardian or a guardian ad litem.