The court lacks jurisdiction to determine incapacity when Pennsylvania is not the “home state” of the incapacitated person under the Uniform Adult Guardian and Protective Proceedings Jurisdictional Act (20 Pa.C.S. 5901 et seq.) and an agent under a power of … Continue reading
Category Archives: Opinions
A change to an incapacitated person’s will was approved, the court exercising its power of substituted judgment, when the incapacitated person and her husband both had children from prior marriages, each had executed reciprocal wills each leaving their estates to … Continue reading
The Supreme Court has held that 23 Pa.C.S. § 2313(a), which requires the appointment of counsel for children involved in contested involuntary termination of parental rights, is not satisfied by the appointment of a guardian ad litem who is also … Continue reading
An appeal from a denial of an injunction may be dismissed as moot when the construction sought to be enjoined has been completed. In Re: Wissahickon Playground, No. 2492 C.D. 2015 (Cmwlth. 3/28/2017) (opinion not reported), aff’ng No. 265 IP … Continue reading
An intestate heir who does not join in an appeal from the probate of a will has no standing to challenge a settlement agreement between the beneficiary under the will and the other intestate heirs which left the probate of … Continue reading
When a power of attorney lacks the notice and acknowledgement required by 20 Pa.C.S. § 5601, the burden is on the agent to show that the actions taken by the agent were in the principal’s best interest. Even though the … Continue reading
The daughter of the decedent did not prove ownership of precious metals that were in the decedent’s home at the of his death because she was the only witness to an alleged gift by the decedent to her during her … Continue reading
The Oklahoma Supreme Court has held that a decedent’s unused federal estate tax exclusion amount (referred to in IRC section 2010 as the “deceased spousal unused exclusion amount,” or “DSUE”) is an asset of the decedent’s estate that the administrator … Continue reading
A termination of parental rights will be vacated for lack of due process when the trial judge allows the parent to leave the courtroom due to illness and then refuses to allow the parent to reenter the courtroom a few … Continue reading
Appointment of an independent plenary guardian of the person and estate of an incapacitated person, and not a family member, is appropriate to protect the incapacitated person’s special needs trust when multiple family members live in the house owned and … Continue reading