RULE 14. GUARDIANSHIP OF INCAPACITATED PERSONS
Rule 14. 1 Local Rules
The practice and procedure with respect to incapacitated persons' shall be as prescribed by local rules, which shall not be inconsistent with Rules 14.2-14.5.
Rule 14.2 Adjudication of Incapacity and Appointment of a Guardian of the Person and/or Estate of an Incapacitated Person
A petition to adjudicate incapacity shall meet all requirements set forth at 20 Pa.C.S. § 5511. A citation and notice in the form set forth in Rule 14.5 shall be attached to and served with a petition. The procedure for determination of incapacity and for appointment of a guardian shall meet all requirements set forth at 20 Pa.C.S. §§ 5512 and 5512.1.
Rule 14.3 Review Hearing
A petition for a review hearing shall set forth:
(1) the date of the adjudication of incapacity;
(2) the name and address of the guardian;
(3) if the incapacitated person has been a patient in a mental hospital, the name of such institution, the date of admission, and the date of discharge;
(4) the present address of the incapacitated person and the name of the person with whom the incapacitated person is living;
(5) the names and addresses of the presumptive adult heirs of the incapacitated person; and
(6) an averment that (i) there has been significant change in the person's capacity; (ii) there has been a change in the need for guardianship services; or (iii) the guardian has failed to perform duties in accordance with the law or act in the best interest of the incapacitated person.
Rule 14.4 Proceedings Relating to Real Estate
A petition for the public or private sale, exchange, lease, or mortgage of real estate of an incapacitated person or the grant of an option for the sale, exchange or lease of the same shall conform as far as practicable to the requirements of these rules for personal representatives, trustees and guardians of minors in a transaction of similar type.
Rule 14.5 Form of Citation and Notice
The citation and notice to be attached to and served with a petition for adjudication of incapacity and appointment of guardian shall be substantially in the following form:
COURT OF COMMON PLEAS
OF ________________________________________________________COUNTY,
IMPORTANT NOTICE
A petition has been filed with this Court to have you declared an
Incapacitated
Person. If the Court finds you to be an Incapacitated Person, your rights will
be
affected, including your right to manage money and property and to make deci-
sions. A copy of the petition which has been filed by is attached.
You are hereby ordered to appear at a hearing to be held in Courtroom No.
_____, ______, Pennsylvania, on _____at ______ M. to tell the court why
it should not find you to be an Incapacitated Person and appoint a Guardian to
act on your behalf.
To be an Incapacitated Person means that you
are not able to receive and
effectively evaluate information and communicate decisions and that you are
unable to manage your money and/or other property, or to make necessary
decisions about where you will live, what medical care you will get, or how
your money will be spent.
At the hearing, you have the right to appear, to be
represented by an attor-
ney, and to request a jury trial. If you do not have an attorney, you have the
right to request the Court to appoint an attorney to represent you and to have
the attorney's fees paid for you if you cannot afford to pay them yourself.
You
also have the right to request that the Court order that an independent evalu-
ation be conducted as to your alleged incapacity.
If the Court decides that you are an Incapacitated
Person, the Court may
appoint a Guardian for you, based on the nature of any condition or disability
and your capacity to make and communicate decisions. The Guardian will be
of your person and/or your money and other property and will have either
limited or full powers to act for you.
If the Court finds you are totally incapacitated,
your legal rights will be
affected and you will not be able to make a contract or gift of your money or
other property. If the Court finds that you are partially incapacitated, your
legal rights will also be limited as directed by the Court.
If you do not appear at the hearing (either in person or by an attorney repre-
senting you) the Court will still hold the hearing in your absence and may ap-
point the Guardian requested.
By: _______________