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: Incapacitated Person
Schuylkill County has adopted a new Sch.R.C.P. 2064 for the compromise, settlement, discontinuance, or distribution in an action involving an incapacitated person. “Administrative Order; No. S-1580-25” (7/9/2025), 55 Pa.B. 4971 (7/26/2025). … 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 had addressed the argument that the alleged incapacity person had established an adequate support system, so that there was a less restrictive alternative and the appointments of a guardian of the estate and a partial guardian of … Continue reading
Conservator appointed in California did not have authority to bind his conservatee to an arbitration agreement in Pennsylvania when the conservator did not follow the procedures to transfer or register the conservatorship under the Uniform Adult Guardianship and Protective Proceedings … Continue reading
The court was not required to accept the option of a psychologist as to incapacity when the psychologist administered a single test and did not examine medical records, the alleged incapacitated person appeared in court and provided lucid and compelling … Continue reading
The Orphans’ Court of Philadelphia County has entered an administrative order directing that “legacy” incapacitated person cases with no docket activity for more than 10 years, and which lack information in the court’s case management system that is needed to … Continue reading
Daughter who had served as father’s agent under power of attorney, and who was nominated to serve as his guardian by that instrument, was not appointed by the court to serve as guardian after father was determined to be incapacitated, … Continue reading
S.B. 1886 was signed into law by Governor Wolf on October 24, 2018, becoming Act 114 of 2018. The act amends 20 Pa.C.S. § 5521(c) to require Clerks of the Orphans’ Court to report delinquencies in the filing of annual reports … Continue reading
The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a … Continue reading