Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS
Rule 14.4 - Counsel

Universal Citation: 231 PA Code ยง 14.4

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

(a) Retention of Counsel. If counsel for the alleged incapacitated person has not been retained, the petitioner shall notify the court in writing at least seven days prior to the adjudicatory hearing that the alleged incapacitated person is unrepresented and also indicate whether the alleged incapacitated person has requested counsel.

(b) Private Counsel. If the alleged incapacitated person has retained private counsel, counsel shall prepare a comprehensive engagement letter for the alleged incapacitated person to sign, setting forth when and how counsel was retained, the scope of counsel's services, whether those services include pursuing any appeal, if necessary, how counsel will bill for legal services and costs and the hourly rate, if applicable, who will be the party considered responsible for payment, whether any retainer is required, and if so, the amount of the retainer. Counsel shall provide a copy of the signed engagement letter to the court upon request.

(c) Appointed Counsel. The court may appoint counsel if deemed appropriate in the particular case. Any such order appointing counsel shall delineate the scope of counsel's services and whether those services include pursuing any appeal, if necessary.

(d) Other Counsel. Counsel for any other party shall enter an appearance in accordance with Rule 1.7(a).

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