Rule 2053.Guardian to Represent Incapacitated Person.

An incapacitated party litigates through a representative. An incapacitated plaintiff is represented by a guardian or a guardian ad litem. An incapacitated defendant is represented by a guardian, but a guardian ad litem takes that role if the defendant has no guardian, or if the guardian is not served with process in Pennsylvania and does not voluntarily appear. On either side, the representative supervises and controls the conduct of the action on the incapacitated person’s behalf.

The Official Note points to Rules 2056(a) and 2057 for an incapacitated plaintiff who sues without a guardian or guardian ad litem. Under Rule 2056(a) the court, on finding such a plaintiff unrepresented, either appoints a guardian ad litem forthwith or stays all proceedings and orders that a guardian represent the plaintiff within a reasonable time. Under Rule 2057 a defendant cannot use the gap to win a nonsuit, directed verdict or judgment. Rule 2059 sets out what a petition to appoint a guardian ad litem must contain, and Rule 2060 governs replacing one.