Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS
Rule 5.5 - Appointment of a Guardian ad litem or a Trustee ad litem

Universal Citation: 231 PA Code ยง 5.5

Current through Register Vol. 54, No. 44, November 2, 2024

(a) On petition of the accountant or any interested party, or upon its own motion, the court may appoint one or both of the following if the court considers that the interests of the non-sui juris individuals are not adequately represented:

(1) a guardian ad litem to represent a minor or a person believed to be incapacitated under the provisions of Chapter 55 of Title 20, but for whom no guardian of the estate is known to have been appointed by a Pennsylvania court or by the court of any other jurisdiction; and

(2) a trustee ad litem to represent an absentee, a presumed decedent, or unborn or unascertained persons not already represented by a fiduciary.

(b) The same person may be appointed as guardian ad litem and trustee ad litem and may be appointed for more than one non-sui juris individual when the interests to be represented are not conflicting.

(c) Contents of Petition. The request for the appointment of guardian ad litem and trustee ad litem may be made in one petition. In addition to the requirements provided by the Rules in Chapter III, the petition shall set forth the following:

(1) The name, age and address of the minor or person believed to be incapacitated under the provisions of Chapter 55 of Title 20, but for whom no guardian of the estate is known to have been appointed;

(2) The relationship, if any, of such non-sui juris individual to any interested party and to the decedent or settlor;

(3) the interest of such non-sui juris individual in the property or in the matter at issue;

(4) The provisions of any instrument creating such interests;

(5) The necessity for such interests to be represented by a guardian ad litem or a trustee ad litem ; and

(6) The proceeding in which such non-sui juris individual is to be represented.

(d) A decree appointing a guardian ad litem or trustee ad litem shall specify the period or proceeding during which the guardian ad litem or trustee ad litem shall act as such.

Note: Rule 5.5 is based upon former Rule 12.4, with some modifications to provide for a person believed to be incapacitated under the provisions of Chapter 55 of Title 20, but not yet adjudicated as such or for whom no guardian is known to have been appointed.

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