Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Reporting. A guardian
shall file the following reports with the clerk:
(1) An inventory by the guardian of the
estate within 90 days of such guardian's appointment;
(2) An annual report by the guardian of the
estate of an incapacitated person one year after appointment and annually
thereafter;
(3) An annual report by
the guardian of the person one year after appointment and annually
thereafter;
(4) A final report by
the guardian of the person and the guardian of the estate within 60 days of the
death of the incapacitated person, an adjudication of capacity, a change of
guardian, or the expiration of an order of limited duration; and
(5) A final report from the guardian of the
person and the guardian of the estate upon receipt of the provisional order
from another state's court accepting transfer of a guardianship.
(b)
Notice of
Filing. If, pursuant to Rule
14.7(a)(1)(iv),
the order appointing the guardian identifies the person or persons entitled to
receive notice of the filing of any report set forth in subdivision (a), the
guardian shall serve a notice of filing within ten days after filing a report
using the form provided in the Appendix to these Rules. Service shall be in
accordance with Rule 4.3.
(c)
Design of Forms. The Court Administrator of Pennsylvania, in
consultation with the Orphans' Court Procedural Rules Committee and the
Advisory Council on Elder Justice in the Courts, shall design and publish forms
necessary for the reporting requirements set forth in subdivision
(a).
(d)
Monitoring. The clerk or the court's designee shall monitor
the guardianship docket to confirm the guardian's compliance with the reporting
requirements set forth in subdivision (a).
(e)
Review. The court or its
designee shall review the filed reports.
(f)
Compliance. To ensure
compliance with these reporting requirements:
(1) If any report is deemed incomplete or is
more than 20 days delinquent, then the clerk or the court's designee shall
serve notice on the guardian directing compliance within 20 days, with a copy
of the notice sent to the court and the guardian's counsel, if
represented.
(2) If the guardian
fails to comply with the reporting requirements within 20 days of service of
the notice, then the clerk or the court's designee shall file and transmit a
notice of deficiency to the adjudicating judge and serve a notice of deficiency
on those persons named in the court's order pursuant to Rule
14.7(a)(1)(iv)
as being entitled to receive a notice of filing.
(3) The court may thereafter take such
enforcement procedures as are necessary to ensure compliance.
(4) After reasonable enforcement procedures
by the court have been unsuccessful, the court shall enter an order that:
(i) includes an explanation of the actions
taken by the court to attempt enforcement of the filing requirements;
(ii) includes clearly enumerated reasons why
the guardian or former guardian has not been compelled to comply with any
filing requirements; and either
(A) directs
that a successor guardian or designee of the court file the delinquent filing
with the clerk and it shall be docketed as such by the clerk; or
(B) directs the order issued by the court to
be docketed by the clerk in lieu of the delinquent filing.
