Nullification of Power of Attorney of Incapacitated Person (Pa. Super. NP)

It was not an abuse of discretion for the Orphans’ Court to nullify the power of attorney signed by the alleged incapacitated person (AIP) and appoint a plenary guardian for her when the AIP had Down’s syndrome and several personality disorders, and an expert witness evaluated her mental age to be approximately that of a seven-year-old. It was proper for the court to appoint a third-party professional guardian, rather than the brother who had previously served as agent under the power of attorney, because the brother had provided physical care of the AIP but had not supported the AIP’s relationship with other siblings and had not facilitated the AIP’s engagement with social and community services and programming. In re: A.L.B., an Alleged Incapacitated Person, 167 WDA 2026 (Pa. Super. 10/16/2026) (non-precedential).

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