The Orphans’ Court properly found that the alleged incapacitated person (“AIP”) was incapacitated and in need of guardianship services, notwithstanding the testimony of the AIP to the contrary, based on medical testimony that the AIP had impaired short-term memory, so … Continue reading
Tag Archives: Guardianship
House Bill 18, which makes a number of changes to 20 Pa.C.S. § 5512.2(a.1) relating to the scheduling and conduct of review hearings for guardianships, has passed both houses of the legislature and been signed into law by the governor, … Continue reading
An appeal of the appointment of a plenary guardian for an alleged incapacitated person (AIP) is generally moot following the death of the AIP, and the exception for appeals raising issues of public importance or that would otherwise evade review … Continue reading
Philadelphia has adopted new local Orphans’ Court rules on determining title to real estate under 20 Pa.C.S. § 3546, discovery, and the appointment of counsel for the alleged incapacitated person in guardianship proceedings. “Adoption of Philadelphia Court of Common Pleas … Continue reading
By an order dated December 18, 2024, the Supreme Court has amended Pennsylvania Rules of Orphans’ Court Procedure 1.8, 2.4, 14.2, 14.3, 14.4, 14.6, 14.7, 14.8, 14.9, and 14.14, rescinded and replaced Form G-01 (citation and notice of guardianship petition), … Continue reading
Husband filed for divorce and died after grounds for divorce were established, so equitable division of marital property was determined in accordance with the Divorce Code. The husband had initiated the divorce proceedings and participated in the proceedings for nearly … Continue reading
The appointment of a “guardian ad litem” to manage the financial affairs and make medical decisions for the alleged incapacitated person was vacated when three years had elapsed from the initial petition, there was no record of any notice to … Continue reading
The 39th Judicial District, covering both Franklin and Fulton Counties, has adopted a new local O.C. Rule 14.8.1, establishing a form of guardian acknowledgement of duties and liabilities, and rescinding local rules 39-2.6 (time for filing accounts), 39-2.7 (time for … Continue reading
The Orphans’ Court properly concluded that there were no less restrictive alternatives for an alleged incapacitated person, and that a plenary guardian of his person and estate were necessary, when the alleged incapacitated person was shown to be suffering from … Continue reading
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