2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5518 - Evidence of incapacity.

     § 5518.  Evidence of incapacity.
        To establish incapacity, the petitioner must present
     testimony, in person or by deposition from individuals qualified
     by training and experience in evaluating individuals with
     incapacities of the type alleged by the petitioner, which
     establishes the nature and extent of the alleged incapacities
     and disabilities and the person's mental, emotional and physical
     condition, adaptive behavior and social skills. The petition
     must also present evidence regarding the services being utilized
     to meet essential requirements for the alleged incapacitated
     person's physical health and safety, to manage the person's
     financial resources or to develop or regain the person's
     abilities; evidence regarding the types of assistance required
     by the person and as to why no less restrictive alternatives
     would be appropriate; and evidence regarding the probability
     that the extent of the person's incapacities may significantly
     lessen or change.
     (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 5518 is referred to in section
     5511 of this title.

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