Rule 421.Incapacitated Persons.
Adopted July 5, 1985 · Last amended June 3, 1994 · Last verified June 30, 2026
Full Text of Rule 421
Plain-English Summary
This rule fixes how to serve a defendant who is an incapacitated person. Service may be made in either of two ways: on the incapacitated person directly, using the method that applies to a competent defendant, or by handing a copy of the process to the person’s guardian.
The Official Note points to the rules that define an incapacitated person and that provide for representing one who is sued. Offering both routes ensures the action can be commenced even where serving the incapacitated person alone might not reliably bring the matter to the attention of someone able to respond.
Frequently Asked Questions
How is an incapacitated person served?
Either upon the incapacitated person in the manner used for a competent defendant, or by handing a copy to that person’s guardian.
Official Note
Official Note: Rule 2051 defines ‘‘incapacitated person.’’ Rule 2053 provides for the representation of an incapacitated person who is a defendant by a guardian or a guardian ad litem.
Amendment History
The provisions of this Rule 421 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3019; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256958). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)