2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5513 - Emergency guardian.

     § 5513.  Emergency guardian.
        Notwithstanding the provisions of section 5511 (relating to
     petition and hearing; independent evaluation), the court, upon
     petition and a hearing at which clear and convincing evidence is
     shown, may appoint an emergency guardian or guardians of the
     person or estate of a person alleged to be incapacitated, when
     it appears that the person lacks capacity, is in need of a
     guardian and a failure to make such appointment will result in
     irreparable harm to the person or estate of the alleged
     incapacitated person. The provisions of section 5511, including
     those relating to counsel, shall be applicable to such
     proceedings, except when the court has found that it is not
     feasible in the circumstances. An emergency guardian so
     appointed for the person or estate of an alleged incapacitated
     person shall only have and be subject to such powers, duties and
     liabilities and serve for such time as the court shall direct in
     its decree. An emergency order appointing an emergency guardian
     of the person may be in effect for up to 72 hours. If the
     emergency continues, then the emergency order may be extended
     for no more than 20 days from the expiration of the initial
     emergency order. After expiration of the emergency order or any
     extension, a full guardianship proceeding must be initiated
     pursuant to section 5511. The court may also appoint an
     emergency guardian of the person pursuant to this section for an
     alleged incapacitated person who is present in this Commonwealth
     but is domiciled outside of this Commonwealth, regardless of
     whether the alleged incapacitated person has property in this
     Commonwealth. An emergency order appointing an emergency
     guardian of the estate shall not exceed 30 days. After 30 days,
     a full guardianship proceeding must be initiated pursuant to
     section 5511.
     (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.