Rule 816. Compromise, Settlement, Discontinuance and Payment.
A. The guardian of a party who is an incompetent may compromise or settle the action on behalf of the incompetent or may discontinue the action if it was brought by or on behalf of the incompetent.
B. The amount of a compromise, settlement or judgment in favor of a party who is an incompetent shall, if it is known that he is incompetent, be paid to the guardian of his estate qualified to receive the fund if he has one or one is to be appointed. If the incompetent has no such guardian and none is to be appointed, the amount shall be paid to the guardian of the person or to the person or agency by whom the incompetent is maintained.
Official Note
Compare Pa. R.C.P. No. 2064. See the note to Rule 808.
The provisions of this Rule 816 amended January 29, 1976, 6 Pa.B. 361. Immediately preceding text appears at serial page (21206).
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