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Rule 2063.Judgment and Costs.

Adopted June 2, 1941 · Last amended June 3, 1994 · Last verified June 30, 2026

In one sentenceRule 2063 makes a judgment against an incapacitated person that person’s obligation alone, and shields the guardian or guardian ad litem from individual liability for the judgment and for the costs of the action.

Full Text of Rule 2063

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A judgment entered in an action against an incapacitated person shall be the obligation of the incapacitated person only. A guardian or a guardian ad litem shall not be individually liable for the payment of any judgment entered against the incapacitated person or for the costs of the action.
End

Plain-English Summary

Serving as a representative does not make the guardian a debtor. A judgment entered in an action against an incapacitated person is the obligation of the incapacitated person only. A guardian or guardian ad litem is not individually liable for paying any judgment entered against the incapacitated person, or for the costs of the action.

The cost rule differs from the one for minors. Under Rule 2038, a minor’s guardian is not liable for the judgment either, but does bear costs taxed against a minor plaintiff and against a minor defendant who asserts a setoff or counterclaim. This rule has no such exception. Rule 2064 then governs how any recovery for the incapacitated person is approved and paid out.

Frequently Asked Questions

Is a guardian personally liable for a judgment against an incapacitated person?

No. The judgment is the obligation of the incapacitated person only.

Amendment History

The provisions of this Rule 2063 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: incapacitated judgment obligationguardian not liable incapacitatedincapacitated costs