2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5512.2 - Review hearing.

     § 5512.2.  Review hearing.
        (a)  Time of hearing.--The court may set a date for a review
     hearing in its order establishing the guardianship or hold a
     review hearing at any time it shall direct. The court shall
     conduct a review hearing promptly if the incapacitated person,
     guardian or any interested party petitions the court for a
     hearing for reason of a significant change in the person's
     capacity, a change in the need for guardianship services or the
     guardian's failure to perform his duties in accordance with the
     law or to act in the best interest of the incapacitated person.
     The court may dismiss a petition for review hearing if it
     determines that the petition is frivolous.
        (b)  Burden of proof and rights.--The incapacitated person
     shall have all of the rights enumerated in this chapter. Except
     when the hearing is held to appoint a successor guardian, the
     burden of proof, by clear and convincing evidence, shall be on
     the party advocating continuation of guardianship or expansion
     of areas of incapacity.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 added section 5512.2. See section 21
     of Act 24 in the appendix to this title for special provisions
     relating to applicability.
        Cross References.  Section 5512.2 is referred to in section
     5517 of this title.

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