Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Petition Contents. A
petition to adjudicate an individual as an incapacitated person and appoint a
guardian shall state in plain language:
(1)
Name, age, address, and mailing address, if different, of the petitioner and
the petitioner's relationship to the alleged incapacitated person;
(2) Name, date of birth, residence, and
mailing address, if different, of the alleged incapacitated person;
(3) Names and addresses of the spouse,
parents, and presumptive intestate heirs of the alleged incapacitated person
and whether they are sui juris or non sui
juris ;
(4) Name and
address of the person or institution providing residential services to the
alleged incapacitated person;
(5)
Names and addresses of other service providers and nature of services being
provided;
(6) Whether there is an
executed health care power of attorney or advance health care directive
pursuant to Title 20, Chapter 54, and if so, the name and address of the person
designated in the writing to act as the agent;
Note:
See
20 Pa.C.S. §§
5421
et seq. for health care
power of attorney and advance health care directive (combination of a living
will and health care power of attorney).
(7) Whether there is an executed power of
attorney pursuant to Title 20, Chapter 56, and if so, the name and address of
the person designated in the writing to act as the agent;
Note:
See
20 Pa.C.S. §§
5601 et seq. for power of
attorney.
(8) Whether there
is any other writing by the alleged incapacitated person pursuant to Title 20,
Chapters 54 or 58 authorizing another to act on behalf of the alleged
incapacitated person, and if so, the name and address of the person designated;
Note:
See
20 Pa.C.S. §§ 5441-5447 for Living Will Act;
20 Pa.C.S. §§ 5451-5465 for Health Care Agents and
Representatives Act;
20 Pa.C.S. §§ 5821-5826 for Advance Directive for Mental
Health Act;
20 Pa.C.S. §§ 5831-5845 for Mental Health Care Agents
Act.
(9) Reason(s) why
guardianship is sought, including a description of functional limitations and
the physical and mental condition of the alleged incapacitated
person;
(10) If not plenary, then
specific areas of incapacity over which it is requested that the guardian be
assigned powers;
(11) The
probability of whether the physical condition and mental condition of the
alleged incapacitated person will improve;
(12) Whether there has been a prior
incapacity hearing concerning the alleged incapacitated person, and if so, the
name of the court, the date of the hearing, and the determination of
capacity;
(13) Steps taken to find
a less restrictive alternative than a guardianship;
(14) If a guardian of the estate is sought:
(i) the gross value of the estate and net
income from all sources, to the extent known; and
(ii) whether there is a prepaid burial
account, to the extent known;
(15) Whether the alleged incapacitated person
is a veteran of the United States Armed Services, and whether the alleged
incapacitated person is receiving benefits from the United States Veterans'
Administration on behalf of himself or herself or through a spouse;
and
(16) Name and address, if
available, of any person that the petitioner proposes should receive notice of
the filing of guardianship reports pursuant to Rule
14.8(b), which
may include any person identified in paragraphs
(a)(3)-(a)(8).
(b)
Nomination of Guardian. The petition shall also include:
(1) The name, address, and mailing address,
if different, of the proposed guardian whom the petitioner nominates to be
appointed guardian and the nominee's relationship, if any, to the alleged
incapacitated person. If the proposed guardian is an entity, then the name of
the person or persons to have direct responsibility for the alleged
incapacitated person and the name of the principal of the entity;
(2) Whether the proposed guardian has any
adverse interest to the alleged incapacitated person;
(3) Whether the proposed guardian is
available and able to visit or confer with the alleged incapacitated
person;
(4) Whether the proposed
guardian has completed any guardianship training, including the name of the
training program, length of the training, and date of completion;
(5) Whether the proposed guardian has any
guardianship certification, the current status of the certification, and any
disciplinary action related to the certification;
(6) Whether the proposed guardian is or was a
guardian in any other matters and, if so, the number of active matters;
and
(7) If the petition nominates a
different proposed guardian of the estate from the proposed guardian of the
person, then the information required in subparagraphs (b)(1)-(b)(6) as to each
nominee.
(c)
Exhibits. The following exhibits shall be appended to the
petition:
(1) All writings referenced in
paragraphs (a)(6)-(a)(8), if available;
(2) The certified response to a Pennsylvania
State Police criminal record check, with Social Security Number redacted, for
each proposed guardian issued within six months of the filing of the petition;
(i) If any proposed guardian has resided
outside the Commonwealth within the previous five-year period and was 18 years
of age or older at any time during that period, then the petition shall include
a criminal record check obtained from the statewide database, or its
equivalent, in each state in which such proposed guardian has resided within
the previous five-year period.
(ii)
When any proposed guardian is an entity, the person or persons to have direct
responsibility for the alleged incapacitated person and the principal of the
entity shall comply with the requirements of subparagraph (c)(2).
Note:
For information on requesting a criminal record check from
the Pennsylvania State Police, see
http://www.psp.pa.gov/Pages/Request-a-Criminal-History-Record.aspx.
(3) Any proposed orders
as required by Rule 3.4(b); and
(4)
Any consent or acknowledgement of a proposed guardian to
serve.
(d)
Emergency Guardian. A petition seeking the appointment of an
emergency guardian shall aver with specificity the facts giving rise to the
emergent circumstances and why the failure to make such an appointment will
result in irreparable harm to the person or estate of the alleged incapacitated
person.
Note:
Limitations on emergency guardianships are prescribed by
statute. See
20 Pa.C.S. §
5513.
(e)
Separate Petitions.
Separate petitions shall be filed for each alleged incapacitated
person.
(f)
Citation with
Notice. A citation with notice using the form provided in the Appendix
to these Rules shall be attached to and served with the petition and any
preliminary order as follows:
(1) By personal
service upon the alleged incapacitated person no less than 20 days prior to the
hearing. Additionally, the content and terms of the petition shall be explained
to the maximum extent possible in language and terms the alleged incapacitated
person is most likely to understand.
(2) In a manner permitted by Rule
4.3 no less than 20 days prior to
the hearing upon:
(i) All persons sui
juris who would be entitled to an intestate share in the estate of the
alleged incapacitated person;
(ii)
The person or institution providing residential services to the alleged
incapacitated person;
(iii) Any
person named in paragraphs (a)(6)-(a)(8); and
(iv) Such other entities and persons as the
court may direct, including service providers.
Note:
For notice to the United States Veterans' Bureau, see
20 Pa.C.S. §
8411.
(3) For a petition seeking the appointment of
an emergency guardian, the court may direct the manner of service as emergent
circumstances warrant. Thereafter, notice shall be served in accordance with
Rule 14.2(f)(2).
