2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5521 - Provisions concerning powers, duties and liabilities.

                               SUBCHAPTER D
               POWERS, DUTIES AND LIABILITIES OF GUARDIANS

     Sec.
     5521.  Provisions concerning powers, duties and liabilities.
     5522.  Power to lease.
     5523.  Collateral attack.
     5524.  Effect of determination of incapacity.
     5525.  Notice to Commonwealth and political subdivisions.
     § 5521.  Provisions concerning powers, duties and liabilities.
        (a)  Duty of guardian of the person.--It shall be the duty of
     the guardian of the person to assert the rights and best
     interests of the incapacitated person. Expressed wishes and
     preferences of the incapacitated person shall be respected to
     the greatest possible extent. Where appropriate, the guardian
     shall assure and participate in the development of a plan of
     supportive services to meet the person's needs which explains
     how services will be obtained. The guardian shall also encourage
     the incapacitated person to participate to the maximum extent of
     his abilities in all decisions which affect him, to act on his
     own behalf whenever he is able to do so and to develop or
     regain, to the maximum extent possible, his capacity to manage
     his personal affairs.
        (b)  Duty of guardian of the estate.--The provisions
     concerning the powers, duties and liabilities of guardians of
     incapacitated persons' estates shall be the same as those set
     forth in the following provisions of this title relating to
     personal representatives of decedents' estates and guardians of
     minors' estates:
            Section 3313 (relating to liability insurance).
            Section 3314 (relating to continuation of business).
            Section 3315 (relating to incorporation of estate's
        business).
            Section 3317 (relating to claims against co-fiduciary).
            Section 3318 (relating to revival of judgments against
        personal representative).
            Section 3319 (relating to power of attorney; delegation
        of power over subscription rights and fractional shares;
        authorized delegations).
            Section 3320 (relating to voting stock by proxy).
            Section 3321 (relating to nominee registration; corporate
        fiduciary as agent; deposit of securities in a clearing
        corporation; book-entry securities).
            Section 3322 (relating to acceptance of deed in lieu of
        foreclosure).
            Section 3323 (relating to compromise of controversies).
            Section 3324 (relating to death or incapacity of
        fiduciary).
            Section 3327 (relating to surviving or remaining personal
        representatives).
            Section 3328 (relating to disagreement of personal
        representatives).
            Section 3331 (relating to liability of personal
        representative on contracts).
            Section 3332 (relating to inherent powers and duties).
            Section 3355 (relating to restraint of sale).
            Section 3356 (relating to purchase by personal
        representative).
            Section 3359 (relating to record of proceedings; county
        where real estate lies).
            Section 3360 (relating to contracts, inadequacy of
        consideration or better offer; brokers' commissions).
            Section 3372 (relating to substitution of personal
        representative in pending action or proceedings).
            Section 3374 (relating to death or removal of fiduciary).
            Section 3390 (relating to specific performance of
        contracts).
            Section 5141 (relating to possession of real and personal
        property).
            Section 5142 (relating to inventory).
            Section 5143 (relating to abandonment of property).
            Section 5145 (relating to investments).
            Section 5146 (relating to guardian named in conveyance).
            Section 5147 (relating to proceedings against guardian).
            Section 5151 (relating to power to sell personal
        property).
            Section 5154 (relating to title of purchaser).
            Section 5155 (relating to order of court).
        (c)  Reports.--
            (1)  Each guardian of an incapacitated person shall file
        with the court appointing him a report, at least once within
        the first 12 months of his appointment and at least annually
        thereafter, attesting to the following:
                (i)  Guardian of the estate:
                    (A)  current principal and how it is invested;
                    (B)  current income;
                    (C)  expenditures of principal and income since
                the last report; and
                    (D)  needs of the incapacitated person for which
                the guardian has provided since the last report.
                (ii)  Guardian of the person:
                    (A)  current address and type of placement of the
                incapacitated person;
                    (B)  major medical or mental problems of the
                incapacitated person;
                    (C)  a brief description of the incapacitated
                person's living arrangements and the social, medical,
                psychological and other support services he is
                receiving;
                    (D)  the opinion of the guardian as to whether
                the guardianship should continue or be terminated or
                modified and the reasons therefor; and
                    (E)  number and length of times the guardian
                visited the incapacitated person in the past year.
            (2)  Within 60 days of the death of the incapacitated
        person or an adjudication of capacity and modification of
        existing orders, the guardian shall file a final report with
        the court.
        (d)  Powers and duties only granted by court.--Unless
     specifically included in the guardianship order after specific
     findings of fact or otherwise ordered after a subsequent hearing
     with specific findings of fact, a guardian or emergency guardian
     shall not have the power and duty to:
            (1)  Consent on behalf of the incapacitated person to an
        abortion, sterilization, psychosurgery, electroconvulsive
        therapy or removal of a healthy body organ.
            (2)  Prohibit the marriage or consent to the divorce of
        the incapacitated person.
            (3)  Consent on behalf of the incapacitated person to the
        performance of any experimental biomedical or behavioral
        medical procedure or participation in any biomedical or
        behavioral experiment.
        (e)  Knowledge of objection.--In a hearing to determine
     whether a guardian shall be ordered to consent to a specific act
     or omission, if the guardian knows or has reason to know of the
     incapacitated person's objection to the action or omission,
     whether such objection had been expressed prior or subsequent to
     the determination of incapacity, the guardian shall report to
     the court such knowledge or information.
        (f)  Powers and duties not granted to guardian.--The court
     may not grant to a guardian powers controlled by other statute,
     including, but not limited to, the power:
            (1)  To admit the incapacitated person to an inpatient
        psychiatric facility or State center for the mentally
        retarded.
            (2)  To consent, on behalf of the incapacitated person,
        to the relinquishment of the person's parental rights.
        (g)  Criminal and civil immunity.--In the absence of gross
     negligence, recklessness or intentional misconduct, a unit of
     local government, nonprofit corporation or guardianship support
     agency under Subchapter F (relating to guardianship support)
     appointed as a guardian shall not be criminally liable or
     civilly liable for damages for performing duties as a guardian
     of the person, as authorized under this chapter.
     (Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982,
     P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60
     days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)

        1999 Amendment.  Act 39 amended subsec. (b). See section
     13(8) of Act 39 in the appendix to this title for special
     provisions relating to applicability.
        1992 Amendment.  See section 21 of Act 24 in the appendix to
     this title for special provisions relating to applicability.
        Cross References.  Section 5521 is referred to in section
     5553 of this title.