If during the pendency of an action an incapacitated party (1) is judically determined to have capacity by the court which appointed the party’s guardian or
Rule 2062.Incapacitated Person Judicially Determined to Have Capacity During Pendency of Action.
Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026
In one sentenceRule 2062 addresses what happens when an incapacitated party is judicially determined to have regained capacity while the action is pending.
Full Text of Rule 2062
(2) if the party has no guardian, is ascertained to have capacity by the court in which the action is pending, the record shall be amended to remove the guardian or guardian ad litem.
Plain-English Summary
Capacity can be restored, and the case adjusts accordingly. This rule addresses what happens when, during the pendency of an action, an incapacitated party is judicially determined to have capacity — by the court that appointed the guardian or otherwise — providing for the record to be amended so the now-capable party proceeds in their own name without a guardian.
Frequently Asked Questions
What happens if an incapacitated party regains capacity during the case?
On a judicial determination of capacity, the record may be amended so the party proceeds in their own name.
Amendment History
The provisions of this Rule 2062 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: capacity restored lawsuitincapacitated regains capacityjudicially determined capacity