246 Pa. Code § 813 - Procedure When Incapacitated Person Not Designated as Such
A. Except as provided in subdivisions B and C
of this rule, if during the pendency of the action the magisterial district
judge finds that a party not designated in the complaint as an incapacitated
person represented by a guardian is an incapacitated person, the magisterial
district judge shall dismiss the proceeding without prejudice. Such a finding
shall be based on the fact that the party has a guardian appointed by a court
of competent jurisdiction pursuant to
20
Pa.C.S §
5511.
B. If the party as to whom such a finding is
made is one of several plaintiffs or defendants, the proceedings shall be
dismissed only as to the incapacitated person.
C. A complaint filed by a party who is an
incapacitated person but not designated as such in the complaint may be amended
by the incapacitated person's guardian, at any time during the pendency of the
action before judgment, to state that the party is an incapacitated person
represented by a guardian. A complaint filed against a party who is an
incapacitated person but not designated as such may be amended to state that
the party is an incapacitated person represented by a guardian only with the
written consent of the guardian, which shall be attached to the record copy of
the complaint form.
Notes
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