(a) An action in which a plaintiff is incapacitated shall be entitled ‘‘A, An Incapacitated Person, by B, Guardian,’’ against the defendant.
Rule 2054.Actions By and Against Incapacitated Persons. Averments in Plaintiff’s Pleadings.
Adopted June 2, 1941 · Last amended May 14, 1999 · Last verified June 30, 2026
In one sentenceRule 2054 sets how an action by or against an incapacitated person is captioned and what the pleading must aver about the person's status.
Full Text of Rule 2054
(b) The initial pleading filed in behalf of a plaintiff who is incapacitated shall state the name and address of the plaintiff’s guardian, if any, the nature of the guardianship and a reference to the record of the guardian’s appointment.
(c) An action in which a defendant is an incapacitated person shall be com- menced against the defendant by name in the manner in which a like action is commenced against an adult who is not incapacitated.
Plain-English Summary
A case involving an incapacitated person is labeled to show it. This rule sets the caption — for example, 'A, an Incapacitated Person, by B, Guardian' — for actions by or against such a person, and what the pleading must aver about their status, making the incapacity and the guardian's role clear from the pleadings.
Frequently Asked Questions
How is a lawsuit involving an incapacitated person captioned?
To show the incapacity and guardian, for example 'A, an Incapacitated Person, by B, Guardian.'
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 2054 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; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial page (220908).
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: incapacitated person captionactions by and against incapacitatedincapacitated pleading averments