Rule 2062.Incapacitated Person Judicially Determined to Have Capacity During Pendency of Action.

Capacity can return while a case is pending, and the record then has to change. There are two routes. If the party has a guardian, the court that appointed the guardian judicially determines that the party has capacity. If the party has no guardian, the court in which the action is pending ascertains that the party has capacity. Either way, the record shall be amended to remove the guardian or guardian ad litem.

The amendment is mandatory, unlike the parallel step for a minor who reaches majority, which Rule 2037 leaves to the minor or the guardian to request. When the party has a guardian, the determination comes from the court that appointed the guardian. Rule 2064(b)(2) ties withdrawals from a restricted settlement account to the same event: an adjudication that the person has capacity.