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2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 39 - DECEDENTS, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - REVIEW HEARING

Universal Citation:
Act of Oct. 27, 2025, P.L. 129, No. 39
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Session of 2025

No. 2025-39

 

HB 18

 

AN ACT

 

Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, further providing for review hearing.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  Section 5512.2(a.1) of Title 20 of the Pennsylvania Consolidated Statutes is amended to read:

§ 5512.2.  Review hearing.

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(a.1)  Petition for review.--

(1)  At any time following the issuance of the order establishing guardianship, any interested person may file a petition with the court to terminate or modify the guardianship. [The court shall promptly schedule a hearing or hold a review hearing at any time it shall direct.]

(2)  The court shall schedule the review hearing within 30 days of the filing of the petition to terminate or modify the guardianship and the review hearing shall occur no later than 60 days after the filing of the petition.

(3)  The court may continue the date of the review hearing to a date more than 60 days from the filing of the petition if the court makes a written finding that rescheduling the hearing is necessary to:

(i)  permit an interested party to participate;

(ii)  permit counsel for the incapacitated person to participate and to be prepared;

(iii)  allow for a capacity evaluation or a medical report to be completed or other medical procedure to occur; or

(iv)  otherwise allow for all interested parties to be prepared for the review hearing.

(4)  The hearing shall be held in the presence of the incapacitated person and the incapacitated person's attorney, and the court shall adhere to the procedures and standards as outlined in section 5512.1(a). If, following the presentation of evidence and testimony from all parties, the court finds that guardianship continues to be necessary and that no less restrictive alternatives exist, the court may order that the guardianship continue. If the court finds that guardianship is no longer necessary or a less restrictive alternative exists, the court shall discharge the guardianship.

(5)  In the case of a request for a review hearing, if the same interested party has previously requested a review hearing and a hearing has been held upon the request within the past 180 days, and the new request for a review hearing does not raise any new issues or facts, the court may decline to schedule an additional review hearing for a period of 180 days.

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Section 2.  This act shall take effect in 60 days.

 

APPROVED--The 27th day of October, A.D. 2025.

 

JOSH SHAPIRO

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