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Home→Tags Incapacity

Tag Archives: Incapacity

Petition to Review Incapacity was Frivolous

Posted on October 23, 2023 by Daniel EvansOctober 23, 2023

It was not an abuse of discretion for the Orphans’ Court to dismiss the incapacitated person’s petition to reconsider or modify the original adjudication of incapacity without a hearing when the petition merely alleged that the incapacitated person “no longer … Continue reading →

Posted in Opinions | Tagged Attorney fees, Incapacity, Testamentary Capacity

Alcohol Abuse Leading to Partial Incapacity

Posted on June 5, 2023 by Daniel EvansJune 5, 2023

A limited guardian of the person and limited guardian of the estate was appointed due to problems with alcoholism and nutrition, leading to repeated hospital admissions for dehydration and malnutrition, the court finding partial incapacity based on expert testimony that … Continue reading →

Posted in Opinions | Tagged Incapacity

No Independent Evaluation Ordered for Alcoholic

Petitioner failed to show sufficient cause for the court to order the alleged incapacitated person to submit to an independent medical examination, or to produce drug and alcohol treatment records, when the alleged incapacitated person admitted to a history of … Continue reading →

Posted in Opinions | Tagged Incapacity

Insufficient Evidence of Incapacity

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 →

Posted in Opinions | Tagged Incapacitated Person, Incapacity

Order for Neuropsychological Examination is Constitutional and not Appealable

Court order directing the alleged incapacitated person to submit to an independent neuropsychologic examination for the purpose of determining capacity did not violate the constitutional rights of the person, and the order should be considered interlocutory and not appealable.  Estate of … Continue reading →

Posted in Opinions | Tagged Collateral order, Incapacity, Right of privacy

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