Rule 2054.Actions By and Against Incapacitated Persons. Averments in Plaintiff’s Pleadings.

The caption shows at a glance who speaks for the plaintiff. An action in which the plaintiff is incapacitated is entitled “A, An Incapacitated Person, by B, Guardian,” against the defendant. The initial pleading filed for that plaintiff must 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.

A defendant’s incapacity changes nothing at the start. An action against an incapacitated defendant is commenced against the defendant by name, in the same way as a like action against an adult who is not incapacitated. Representation is then handled by Rules 2053 and 2056, which call for a guardian or guardian ad litem and for notice to the defendant’s guardian or others.

The Official Note points to Rules 2056(a) and 2057 for an incapacitated plaintiff who sues without a guardian or guardian ad litem. Rule 2028 is the minors’ counterpart, and it also requires a minor to be designated by initials.