Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS
Rule 14.11 - Transfer of Guardianship of the Person to Another State

Universal Citation: 231 PA Code ยง 14.11

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

(a) Petition. A petition filed by a guardian appointed in Pennsylvania to transfer the guardianship of the person to another state must plead sufficient facts to demonstrate:

(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) plans for care and services for the incapacitated person in the other state are reasonable and sufficient;

(3) The court to which the guardianship will be transferred; and

(4) The guardianship will likely be accepted by the other state's court.

(b) Service. The guardian shall serve a copy of the petition in accordance with Rule 4.3 upon the incapacitated person and those entitled to service pursuant to Rule 14.2(f)(2).

(c) Objections. Any person entitled to service of the petition may file an answer with the clerk raising objections alleging that the transfer would be contrary to the interests of the incapacitated person.

(d) Hearing. If needed, the court shall conduct an evidentiary hearing on the petition.

(e) Orders. Upon finding that the allegations contained in the petition have been substantiated and the objections, if any, have not been substantiated, the court shall:

(1) issue an order provisionally granting the petition to transfer the guardianship and directing the guardian to petition for acceptance of the guardianship in the other state; and

(2) issue a final order confirming the transfer and relinquishing jurisdiction upon receipt of the provisional order from the other state's court accepting the transfer and the filing of the final report of the guardian.

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