The Orphans’ Court Procedural Rules Committee has proposed amendments to Pa. Rules of Orphans’ Court Procedure 14.2, 14.3, 14.4, 14.6, 14.7, 14.8, and 14.9 in order to carry out changes to guardianship practice that were made by the Act of … Continue reading
Tag Archives: Guardianship
The appointment of a co-guardian for an incapacitated person was affirmed on appeal despite potential conflicts of interest of the co-guardian when the counsel for the appellants failed to appear at the hearing before the Orphans’ Court and failed to … Continue reading
It was not an abuse of discretion for the Orphans’ Court to remove the father of the incapacitated person as guardian when the father had failed to provide financial information and turn over assets to a successor guardian as ordered … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny the attorney fees requested by a law firm representing alleged incapacitated persons (“AIPs”) when the firm’s engagement letter was voidable because it was signed by the AIPs … Continue reading
Both houses of the Pennsylvania legislature have passed, and the governor has signed, S.B. 506, which became the Act of December 14, 2023, No. 61. The act amends guardianship procedures relating to the representation of the alleged incapacitated person, the … Continue reading
Pa.R.O.C.P. 14.8 has been amended to include more detailed recording of enforcement actions in guardianship reporting. “Order Amending Rule 14.8 of the Pennsylvania Rules of Orphans’ Court Procedure; No. 948 Supreme Court Rules Docket” (6/12/2023), 53 Pa.B. 3305 (6/24/2023), to … Continue reading
Philadelphia has adopted new local Orphans’ Court Rules 3.5A (“Procedure for Determination when No Response is Filed to a Petition under Pa.R.O.C.P. 3.5(a) or 3.5(b)”) and 5.50A (“Settlement of Small Estates by Petition”), and has amended and restated Rule 14.2A … Continue reading
The Supreme Court has rescinded and replaced guardianship Forms G-02, G-03, and G-05 for annual reports and inventories in order to make them easier to complete accurately. “Order Rescinding and Replacing Pennsylvania Orphans’ Court Forms G-02, G-03, and G-05; No. … Continue reading
The Orphans’ Court Procedural Rules Committee is considering an amendment to Pa.R.O.C.P. 14.8 to require a court that completes reasonable enforcement procedures to ensure compliance with guardianship reporting to enter an order to explain the actions taken to attempt enforcement, … Continue reading
The co-guardians for an incapacitated person disagreed on the advisability of COVID vaccinations, and the court approved the vaccinations over the objections of the one of the guardians. A.C.G., an Incapacitated Person, 11 Fid.Rep.3d 303 (Chester O.C. 2021). … Continue reading