2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
5537 - Reserve for funeral.

     § 5537.  Reserve for funeral.
        (a)  In general.--The court may authorize the guardian to
     retain such assets as are deemed appropriate for the anticipated
     expense of the incapacitated person's funeral, including the
     cost of a burial lot or other resting place, which shall be
     exempt from all claims including claims of the Commonwealth. The
     court with notice thereof to the institution or person having
     custody of the incapacitated person may also authorize the
     guardian or another person to set aside such assets in the form
     of a savings account in a financial institution which account
     shall not be subject to escheat during the lifetime of the
     incapacitated person. Such assets may be disbursed by the
     guardian or person who set aside such assets or by the financial
     institution for such funeral expenses without further
     authorization or accounting. Any part of such assets not so
     disbursed shall constitute a part of the deceased incapacitated
     person's estate. Should the incapacitated person become
     capacitated or should such assets become excessive, the court,
     upon petition of any party in interest, may make such order as
     the circumstances shall require.
        (b)  Definition.--As used in this section, "financial
     institution" includes a bank, a bank and trust company, a trust
     company, a savings and loan association, a building and loan
     association, a savings bank, a private bank and a national bank.
     (Feb. 18, 1982, P.L.45, No.26, eff. imd.; 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.

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