Affidavits which are required to be made by a party to an action, including affidavits to the pleadings, shall not be made by an incapacitated party, but may be made on the party’s behalf by the party’s guardian or any competent person, if the guardian or other competent person has knowledge or information as to the facts averred therein, and shall state the nature of the party’s incapacity.
Rule 2061.Affidavits.
Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026
In one sentenceRule 2061 provides that affidavits required of a party may not be made by an incapacitated person, addressing who makes them instead.
Full Text of Rule 2061
Plain-English Summary
An incapacitated person cannot give a sworn statement the law can rely on. This rule provides that affidavits required to be made by a party — including affidavits to the pleadings — are not made by an incapacitated person, and addresses who makes them on the person's behalf, so the case has valid verifications.
Frequently Asked Questions
Can an incapacitated person sign an affidavit in a lawsuit?
No. The affidavit is made on the person's behalf, as the rule provides, rather than by the incapacitated person.
Amendment History
The provisions of this Rule 2061 adopted June 2, 1941, effective February 2, 1942; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019. Immediately preceding text appears at serial page (159496).
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: affidavit incapacitated personincapacitated verificationwho signs affidavit incapacitated