(a) A plaintiff who is an incapacitated person shall be represented by a guard- ian or by a guardian ad litem who shall supervise and control the conduct of the action in the plaintiff’s behalf.
Rule 2053.Guardian to Represent Incapacitated Person.
Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026
In one sentenceRule 2053 requires an incapacitated person who is a party to be represented by a guardian or guardian ad litem who supervises and controls the conduct of the case.
Full Text of Rule 2053
(b) A defendant who is an incapacitated person shall be represented by a guardian. If the defendant has no guardian, or if the guardian is not served with process in this Commonwealth and does not voluntarily appear in the action, the defendant shall be represented by a guardian ad litem. The guardian or guardian ad litem shall supervise and control the conduct of the action in the defendant’s behalf.
Plain-English Summary
A person who lacks legal capacity needs someone to litigate for them. This rule requires an incapacitated party to be represented by a guardian or a guardian ad litem, who supervises and controls the conduct of the action in the person's interest. The representative makes the decisions the incapacitated person cannot.
Frequently Asked Questions
Who litigates for an incapacitated person?
A guardian or guardian ad litem who supervises and controls the case in the person's interest.
Official Note
Official Note: See Rules 2056(a) and 2057, as to the procedure and effect of an action brought by an incapacitated plaintiff who is not represented by a guardian or a guardian ad litem.
Amendment History
The provisions of this Rule 2053 adopted June 2, 1941, effective February 2, 1942; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159492).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: guardian incapacitated personguardian ad litem incapacitatedincapacitated representation