Petition to Review Incapacity was Frivolous

It was not an abuse of discretion for the Orphans’ Court to dismiss the incapacitated person’s petition to reconsider or modify the original adjudication of incapacity without a hearing when the petition merely alleged that the incapacitated person “no longer exhibits the behavior pattern” that led to the original petition without any allegation of any evidence that what was found to be a permanent short-term memory impairment that was unlikely to change had actually changed. The Superior Court also affirmed the denial of a change of guardian, the denial of a declaratory judgment as to testamentary capacity, and the denial of legal fees for counsel engaged by the incapacitated person. In re: Guardianship of H.T., 1675 MDA 2022 (Pa. Super. 10/18/2023) (non-precedential).

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