2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5511 - Petition and hearing; independent evaluation.

                               SUBCHAPTER C
                 APPOINTMENT OF GUARDIAN; BONDS; REMOVAL
                              AND DISCHARGE

     Sec.
     5511.  Petition and hearing; independent evaluation.
     5512.  County of appointment; qualifications.
     5512.1. Determination of incapacity and appointment of
            guardian.
     5512.2. Review hearing.
     5512.3. Annual report.
     5513.  Emergency guardian.
     5514.  To fill vacancy; co-guardian.
     5515.  Provisions similar to other estates.
     5516.  Fiduciary estate.
     5517.  Adjudication of capacity and modification of existing
            orders.
     5518.  Evidence of incapacity.
     5518.1. Cross-examination of witnesses.

        Cross References.  Subchapter C is referred to in section
     5833 of this title.
     § 5511.  Petition and hearing; independent evaluation.
        (a)  Resident.--The court, upon petition and hearing and upon
     the presentation of clear and convincing evidence, may find a
     person domiciled in the Commonwealth to be incapacitated and
     appoint a guardian or guardians of his person or estate. The
     petitioner may be any person interested in the alleged
     incapacitated person's welfare. The court may dismiss a
     proceeding where it determines that the proceeding has not been
     instituted to aid or benefit the alleged incapacitated person or
     that the petition is incomplete or fails to provide sufficient
     facts to proceed. Written notice of the petition and hearing
     shall be given in large type and in simple language to the
     alleged incapacitated person. The notice shall indicate the
     purpose and seriousness of the proceeding and the rights that
     can be lost as a result of the proceeding. It shall include the
     date, time and place of the hearing and an explanation of all
     rights, including the right to request the appointment of
     counsel and to have counsel appointed if the court deems it
     appropriate and the right to have such counsel paid for if it
     cannot be afforded. The Supreme Court shall establish a uniform
     citation for this purpose. A copy of the petition shall be
     attached. Personal service shall be made on the alleged
     incapacitated person, and the contents and terms of the petition
     shall be explained to the maximum extent possible in language
     and terms the individual is most likely to understand. Service
     shall be no less than 20 days in advance of the hearing. In
     addition, notice of the petition and hearing shall be given in
     such manner as the court shall direct to all persons residing
     within the Commonwealth who are sui juris and would be entitled
     to share in the estate of the alleged incapacitated person if he
     died intestate at that time, to the person or institution
     providing residential services to the alleged incapacitated
     person and to such other parties as the court may direct,
     including other service providers. The hearing may be closed to
     the public and without a jury unless the alleged incapacitated
     person or his counsel objects. The hearing shall be closed and
     with or without a jury if the person alleged to be incapacitated
     or his counsel so requests. The hearing may be held at the
     residence of the alleged incapacitated person. The alleged
     incapacitated person shall be present at the hearing unless:
            (1)  the court is satisfied, upon the deposition or
        testimony of or sworn statement by a physician or licensed
        psychologist, that his physical or mental condition would be
        harmed by his presence; or
            (2)  it is impossible for him to be present because of
        his absence from the Commonwealth. It shall not be necessary
        for the alleged incapacitated person to be represented by a
        guardian ad litem in the proceeding.
     Petitioner shall be required to notify the court at least seven
     days prior to the hearing if counsel has not been retained by or
     on behalf of the alleged incapacitated person. In appropriate
     cases, counsel shall be appointed to represent the alleged
     incapacitated person in any matter for which counsel has not
     been retained by or on behalf of that individual.
        (b)  Nonresident.--The court may find a person not domiciled
     in the Commonwealth, having property in the Commonwealth, to be
     incapacitated and may appoint a guardian of his estate. The
     appointment may be made after petition, hearing and notice, as
     in the case of a person domiciled in the Commonwealth, or upon
     the submission of an exemplified copy of a decree establishing
     his incapacity in another jurisdiction. The court shall give
     preference in its appointment to the foreign guardian of the
     nonresident incapacitated person, unless it finds that such
     appointment will not be for the best interests of the
     incapacitated person.
        (c)  Payment of certain costs.--If the alleged incapacitated
     person is unable to pay for counsel or for the evaluation, the
     court shall order the county to pay these costs. These costs
     shall be reimbursed by the Commonwealth in the following fiscal
     year.
        (d)  Independent evaluation.--The court, upon its own motion
     or upon petition by the alleged incapacitated person for cause
     shown, shall order an independent evaluation which shall meet
     the requirements of section 5518 (relating to evidence of
     incapacity). The court shall give due consideration to the
     appointment of an evaluator nominated by the alleged
     incapacitated person.
        (e)  Petition contents.--The petition, which shall be in
     plain language, shall include the name, age, residence and post
     office address of the alleged incapacitated person, the names
     and addresses of the spouse, parents and presumptive adult heirs
     of the alleged incapacitated person, the name and address of the
     person or institution providing residential services to the
     alleged incapacitated person, the names and addresses of other
     service providers, the name and address of the person or entity
     whom petitioner asks to be appointed guardian, an averment that
     the proposed guardian has no interest adverse to the alleged
     incapacitated person, the reasons why guardianship is sought, a
     description of the functional limitations and physical and
     mental condition of the alleged incapacitated person, the steps
     taken to find less restrictive alternatives, the specific areas
     of incapacity over which it is requested that the guardian be
     assigned powers and the qualifications of the proposed guardian.
     If a limited or plenary guardian of the estate is sought, the
     petition shall also include the gross value of the estate and
     net income from all sources to the extent known.
        (f)  Who may be appointed guardian.--The court may appoint as
     guardian any qualified individual, a corporate fiduciary, a
     nonprofit corporation, a guardianship support agency under
     Subchapter F (relating to guardianship support) or a county
     agency. In the case of residents of State facilities, the court
     may also appoint, only as guardian of the estate, the guardian
     office at the appropriate State facility. The court shall not
     appoint a person or entity providing residential services for a
     fee to the incapacitated person or any other person whose
     interests conflict with those of the incapacitated person except
     where it is clearly demonstrated that no guardianship support
     agency or other alternative exists. Any family relationship to
     such individual shall not, by itself, be considered as an
     interest adverse to the alleged incapacitated person. If
     appropriate, the court shall give preference to a nominee of the
     incapacitated person.
     (Dec. 10, 1974, P.L.867, No.293, eff. imd.; Apr. 16, 1992,
     P.L.108, No.24, eff. 60 days)

        1992 Amendment.  See section 21 of Act 24 in the appendix to
     this title for special provisions relating to applicability.
        Cross References.  Section 5511 is referred to in sections
     5513, 5808, 5822, 5823, 5832, 5833, 7764 of this this title;
     section 3206 of Title 18 (Crimes and Offenses); section 8123 of
     Title 35 (Health and Safety).