2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5512.1 - Determination of incapacity and appointment of guardian.

     § 5512.1.  Determination of incapacity and appointment of
                guardian.
        (a)  Determination of incapacity.--In all cases, the court
     shall consider and make specific findings of fact concerning:
            (1)  The nature of any condition or disability which
        impairs the individual's capacity to make and communicate
        decisions.
            (2)  The extent of the individual's capacity to make and
        communicate decisions.
            (3)  The need for guardianship services, if any, in light
        of such factors as the availability of family, friends and
        other supports to assist the individual in making decisions
        and in light of the existence, if any, of advance directives
        such as durable powers of attorney or trusts.
            (4)  The type of guardian, limited or plenary, of the
        person or estate needed based on the nature of any condition
        or disability and the capacity to make and communicate
        decisions.
            (5)  The duration of the guardianship.
            (6)  The court shall prefer limited guardianship.
        (b)  Limited guardian of the person.--Upon a finding that the
     person is partially incapacitated and in need of guardianship
     services, the court shall enter an order appointing a limited
     guardian of the person with powers consistent with the court's
     findings of limitations, which may include:
            (1)  General care, maintenance and custody of the
        incapacitated person.
            (2)  Designating the place for the incapacitated person
        to live.
            (3)  Assuring that the incapacitated person receives such
        training, education, medical and psychological services and
        social and vocational opportunities, as appropriate, as well
        as assisting the incapacitated person in the development of
        maximum self-reliance and independence.
            (4)  Providing required consents or approvals on behalf
        of the incapacitated person.
        (c)  Plenary guardian of the person.--The court may appoint a
     plenary guardian of the person only upon a finding that the
     person is totally incapacitated and in need of plenary
     guardianship services.
        (d)  Limited guardian of the estate.--Upon a finding that the
     person is partially incapacitated and in need of guardianship
     services, the court shall enter an order appointing a limited
     guardian of the estate with powers consistent with the court's
     finding of limitations, which shall specify the portion of
     assets or income over which the guardian of the estate is
     assigned powers and duties.
        (e)  Plenary guardian of the estate.--A court may appoint a
     plenary guardian of the estate only upon a finding that the
     person is totally incapacitated and in need of plenary
     guardianship services.
        (f)  No presumption.--No presumption of incapacity shall be
     raised from the alleged incapacitated person's
     institutionalization.
        (g)  Legal rights retained.--Except in those areas designated
     by court order as areas over which the limited guardian has
     power, a partially incapacitated person shall retain all legal
     rights.
        (h)  Information as to rights.--At the conclusion of a
     proceeding in which the person has been adjudicated
     incapacitated, the court shall assure that the person is
     informed of his right to appeal and to petition to modify or
     terminate the guardianship.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 added section 5512.1. See section 21
     of Act 24 in the appendix to this title for special provisions
     relating to applicability.