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
Tag Archives: Incapacitated Person
Northampton County has published an administrative order setting forth conditions for written depositions of expert testimony in incapacity proceedings. “Presentation of Expert Testimony by Written Deposition to Support a Finding of Incapacity in Guardianship Hearings; Administrative Order 2016-01,” 46 Pa.B. 6826 … Continue reading
The court cannot grant a guardian’s petition to admit an incapacitated person into an inpatient psychiatric facility, because 20 Pa. C.S. 5521(f)(1) specifically forbids it. Jane Doe, Incapacitated Person, 5 Fid. Rep. 3d 13 (OC Del. 2014) (Opinion by Kenney, … Continue reading
In an appeal from an adjudication of an incapacitated person, the Orphans’ Court explained that the issues not raised at trial should be quashed, because they were waived, and that when jurisdiction was returned to the Orphans’ Court, a review … Continue reading
Guardian of estate of incapacitated person, who had previously been granted the power to pay nursing home costs from principal and who had been authorized to sell real estate, did not have power to consent to judgments against the ward; … Continue reading
Individual, living in Lake County, Ohio, was adjudicated incapacitated and then moved to Delaware County, Pennsylvania, where her daughter petitioned the Orphans’ Court for adjudication of incapacity and appointment of a plenary guardian; the Orphans’ Court of Delaware County, applying … Continue reading
After Orphans’ Court ordered son of alleged incapacitated person (mother) not to visit his mother at her nursing home without siblings’ supervision, (because he had previously manipulated her, blocked access to her, moved her out of state, and filed bankruptcy … Continue reading