THE COURTS

Title 252—ALLEGHENY
COUNTY RULES

ALLEGHENY COUNTY

Orphans' Court Division Rule of the Court of Common Pleas; No. AD-2019-404-OC Rules Doc.

[49 Pa.B. 6706]
[Saturday, November 9, 2019]

Amended

Order of Court

 And Now, this 23rd day of October, 2019, it is hereby Ordered that the following local rules of the Court of Common Pleas of Allegheny County, Pennsylvania, Orphans' Court Division, adopted by the Board of Judges, shall be effective thirty (30) days after publication in the Pennsylvania Bulletin:

 Guardianship Proceedings
 Local Rule 5.6A
 Local Rule 14.1(c)
 Local Rule 14.2A
 Local Rule 14.14A [Forms] B(1), B(2), C, D, E, F, G.1 and G.2

By the Court

KIM BERKELEY CLARK, 
President Judge

ALLEGHENY COUNTY COURT OF
COMMON PLEAS

ORPHANS' COURT DIVISION

LOCAL RULES FOR GUARDIANSHIP PROCEEDINGS

Local Rule 5.6A.

 All Actions filed under Title 23, Chapter 56 of the Pennsylvania Consolidated Statutes (''Standby and Temporary Guardianship Act'') which seek the appointment of a temporary or standby guardian shall be filed with the Clerk of the Orphans' Court Division.

Local Rule 14.1(c).

 Petitions filed under Section 5536 of the Guardianship Act of 1992 (20 Pa.C.S. § 5536) (''Section 5536 Petition'') shall be filed with the Clerk of the Orphans' Court at the Department of Court Records, Orphans' Court Division. A Section 5536 Petition shall not be presented at Motions Court.

 A Section 5536 Petition shall set forth:

 (a) the name of the guardian and the date of the guardian's appointment;

 (i) If the guardian is not the petitioner, the petition shall set forth the name and address of the petitioner, and the petitioner's relationship to the incapacitated person.

 (b) the current address of the incapacitated person, the nature of their current residence, and the level of care they are receiving;

 (c) the nature and present value of the incapacitated person's estate and the incapacitated person's annual income;

 (d) a list of all of the incapacitated person's ongoing expenses and the claims of any creditors, including the name and address of the creditor, the basis and amount of the claim;

 (e) a list of all previous allowances approved by the court;

 (f) a list of any distributions of principal that were made without court approval or that are awaiting court approval;

 (g) itemized statements supporting any professional fees which are requested to be paid;

 (h) a proposed Order of Court granting the relief requested; and

 (i) The cover sheet of any 5536 petition shall include the notice provision set forth in Pa. O.C. Rule 3.5(b)(1).

Local Rule 14.2A.

 A petition seeking guardianship of an adult person shall include a proposed Preliminary Order in the form set forth in the Forms provided in Local Rule 14.14A. A petitioner may request additional relief in addition to that set forth in the Preliminary Order form by setting forth the proposed relief in a separate paragraph or paragraphs at the end of the Preliminary Order form.

Local Rule 14.14A. [Forms]

Form B(1)—Preliminary Order of Court (Non-Emergency Guardian).

Form B(2)—Preliminary Order of Court (Emergency and Permanent Guardian).

Form C—Final Order of Court Determining Partial Incapacity and Appointing Limited Permanent Guardian of the Person or Estate or Both.

Form D—Final Order of Court Determining Incapacity and Appointing Plenary Guardian of the Person or Estate or Both.

Form E—Order of Court Determining Incapacity and Appointing Emergency Limited Guardian of the Person or Estate or Both.

Form F—Order of Court Determining Incapacity and Appointing Emergency Plenary Guardian of the Person or Estate or Both.

Form G.1—Statement of Rights.

Form G.2—Order of Court Appointing Successor Guardian of the Person or Estate or Both.

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:	)
	)	No.
_________________	)
an alleged incapacitated person	)

PRELIMINARY ORDER OF COURT

(Non-Emergency Guardian)

 AND NOW, this ______ day of ______ , ______ , upon consideration of the foregoing Petition, it is ORDERED AND DECREED that a Citation be awarded directed to ¹ * _________________ to show cause why a plenary/limited permanent guardian of his/her person and estate should not be appointed, returnable ______ , and why he/she should not be adjudged an incapacitated person and a permanent plenary/limited guardian of his/her person and estate should not be appointed returnable ______ .

 The time and place of hearing on the Petition for appointment of a permanent plenary guardian of the person and estate of the alleged incapacitated person are fixed for the _________________ day of ______ , at ______ o'clock ____ m. prevailing time, at which time a hearing on the Petition for Appointment of a Plenary Guardian of the Person and Estate of the Alleged Incapacitated Person will be held in the Orphans' Court Division of the Court of Common Pleas of Allegheny County, 17th Floor, Frick Building, 437 Grant Street, Pittsburgh Pennsylvania 15219.

 At least twenty (20) days written notice of the hearing shall be given to * _________________ , the alleged incapacitated person, by serving *him/her personally with a Citation, and a copy of this Order of Court and a copy of the foregoing Petition, together with an explanation of the content and terms of the Petition; at least twenty (20) days written notice of the Petition and hearing shall also be given either personally or by registered or certified mail to the next of kin and other parties in interest named in the Petition including the United States Department of Veterans' Affairs, V.A. Regional Office (271), Attention: Chief, Fiduciary Unit, 1000 Liberty Avenue, Pittsburgh, PA 15222, if the Alleged Incapacitated Person is receiving benefits from the United States Veterans' Administration.

PER CURIAM:
_________________ J.          

APPENDIX B-2 Preliminary Order awarding a Citation for Emergency and Permanent Guardian under
Rule 14, Section 2(a) and 6(a)

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:	)
	)	No.
_________________	)
an alleged incapacitated person	)

PRELIMINARY ORDER OF COURT
(EMERGENCY AND PERMANENT GUARDIAN)

 AND NOW, this ______ day of _________________ , ______ , the foregoing Petition having been presented in open Court, upon consideration thereof, it is ORDERED and DECREED that a Citation be awarded, directed to ² * _________________ to show cause why an emergency plenary/limited guardian of *his/her person and estate should not be appointed, returnable _________________ , ______ , and why *he/she should not be adjudged an incapacitated person and a permanent *plenary/limited guardian of his/her person and estate should not be appointed returnable _________________ , ______.

 The time and place of the hearing on the Petition for appointment of an emergency *plenary/limited guardian of the person and estate of the alleged incapacitated person are fixed for ______ , ______ , at ______ o'clock,  ____ .M. in the Orphans' Court Division, 17th Floor, Frick Building, 437 Grant Street, Pittsburgh, PA 15219.

 The alleged incapacitated person shall be given notice of the hearing on appointment of an emergency guardian of *his/her person and estate by serving *him/her personally with the Citation, a copy of this Order of Court and a copy of the foregoing Petition prior to the time of such emergency hearing [(or) the Court finds that service of notice of appointment of an emergency guardian upon the alleged incapacitated person is not feasible under the circumstances and is, therefore, waived pursuant to 20 Pa.C.S.A. 5513.]

 The Court finds that the following additional notice to others of the hearing on the appointment of an emergency guardian of the alleged incapacitated person is feasible in the circumstances and directs that same be made upon the following persons in the following manner ___________________________ .

 The Court finds that strict compliance with 20 Pa.C.S.A. 5511(e) (relating to contents of the Petition) are not feasible under the circumstances and are waived for the purpose of the hearing on appointment of an emergency guardian of the alleged incapacitated person.

 The Court further finds that strict compliance with 20 Pa.C.S.A. 5511(a) (relating to notification concerning the right to counsel and the appointment of counsel for the alleged incapacitated person) are not feasible under the circumstances and are waived for the purpose of the hearing on appointment of an emergency guardian of the alleged incapacitated person.

 The time and place of the hearing on the Petition for appointment of a permanent *plenary/limited guardian of the person and estate of the alleged incapacitated person are fixed for _________________ , ______ , at ______ o'clock, _____ .M., prevailing time, in the Orphans' Court Division, 17th Floor, Frick Building, 437 Grant Street, Pittsburgh, PA 15219.

 At least twenty (20) days written notice of the hearing on appointment of a permanent guardian of his/her person and estate shall be given to * _________________ , the alleged incapacitated person, by serving *him/her personally with a copy of the Petition, the Citation and a copy of this Order of Court, together with an explanation of their contents and terms of the Petition. Additionally, at least ______ days written notice of the Petition and hearing on the appointment of a permanent guardian shall also be given either personally or by registered or certified mail to the following: all persons residing within the Commonwealth of Pennsylvania who are sui juris and would be entitled to share in the estate of the alleged incapacitated person if *he/she were to die intestate; to the person or institution providing residential services to the alleged incapacitated person; to the United States Department of Veterans' Affairs V.A. Regional Office (271), Attention: Chief, Fiduciary Unit, 1000 Liberty Avenue, Pittsburgh, PA 15222, if the alleged incapacitated person is receiving benefits from the United States Veterans' Administration, and to the following other parties in interest: _________________ .

PER CURIAM:
_________________, J.          

Appendix C

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:		No.
_________________
An alleged incapacitated person

FINAL ORDER OF COURT DETERMINING PARTIAL INCAPACITY AND
APPOINTING LIMITED PERMANENT GUARDIAN OF PERSON AND/OR ESTATE

 AND NOW, this ______ day of _________________ , ______ , a hearing having been held on _________________ , and it appearing to the Court that _________________ was served with a Citation and Notice of this hearing on _________________ and was present at the hearing (or) the Court finds that the physical or mental condition of _________________  would be harmed by his/her presence at the hearing, and further finds from the testimony:

1. That ______ suffers from ______ , a condition or disability which partially impairs his/her capacity to receive and evaluate information effectively and to make and communicate decisions concerning his/her management of financial affairs or to meet essential requirements to his/her physical health and safety.

2. That there are insufficient supports available to assist ______  in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision making than the appointment of a limited Guardian.

3. That based on the partial incapacity of ______ to receive and evaluate information and to make or communicate decisions, a limited Guardian of the Person and a limited Guardian of the Estate are required on a permanent basis.

 NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that ______ be and is hereby adjudged a partially incapacitated person and ______ is appointed Limited Permanent Guardian of the Person and ______ is appointed Limited Permanent Guardian of the Estate. The Limited Guardian of the Person shall have full authority to consent to the general care, maintenance and custody of ______ , except as follows: ______ .

 The Guardian shall assure that ______ receives appropriate services and shall assist him/her in developing self-reliance and independence.

 The Limited Guardian of the Estate shall have the authority to marshal all of ______ 's income and assets except that ______ , the incapacitated person, shall retain the following power and authority to act on his/her own behalf: ___________________________ .

 If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the Guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. The representative shall be reimbursed for all expenses incurred payable from the estate of the incapacitated person.

 If the safe deposit box is jointly owned, the Guardian shall give five (5) days notice of the proposed entry to the other owners.

 An Inventory must be filed within ninety (90) days. A report by the Guardian of the Person and Estate shall be filed within ______ days and annually thereafter.

 Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing orders, the Guardian of the Estate shall file a final accounting.

 The Guardian of the Estate shall present a Surety Bond in the amount of  ______ for approval within five (5) days of the date of this Order.

 ______ , an incapacitated person, has the right to appeal this Order of Court by filing a Notice of Appeal with the Clerk of the Orphans' Court Division within thirty (30) days of the date of this Order. At any time, the incapacitated person or any other interested party may petition this Court for a hearing to review, modify or terminate the adjudication of incapacity and guardianship herein established.

 If _________________ was not present at the hearing on the appointment of a guardian, then the petitioner shall serve upon and read to ______  the Statement of Rights, a copy of which is attached to this Order and marked as Exhibit ''A'' and shall file proof of such service with this Court within ten (10) days.

BY THE COURT:
_________________ J.          

Appendix D

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:		No.
_________________
An alleged incapacitated person

FINAL ORDER OF COURT DETERMINING INCAPACITY
AND APPOINTING PLENARY GUARDIAN OF THE PERSON AND/OR ESTATE

 AND NOW, this ______ day of _________________ , ______ , a hearing having been held
on _________________ , and it appearing to the Court that _________________ was served with a Citation and Notice of this hearing on _________________ and was present at the hearing (or) the Court finds that the physical or mental condition of _________________  would be harmed by his/her presence at the hearing, and further finds from the testimony:

1. That _________________ suffers from _________________ , a condition or disability which totally impairs his/her capacity to receive and evaluate information effectively and to make and communicate decisions concerning his/her management of financial affairs or to meet essential requirements to his/her physical health and safety.

2. That there are insufficient supports available to assist _________________  in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision making other than the appointment of a plenary Guardian.

3. That based on the total incapacity of _________________ to receive and evaluate information and to make or communicate decisions, a Plenary Guardian of the Person and a Plenary Guardian of the Estate are required on a permanent basis.

 NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that _________________ be and is hereby adjudged an incapacitated person and ______ is appointed Permanent Plenary Guardian of the Person and ______ is appointed Permanent Plenary Guardian of the Estate.

 The Permanent Plenary Guardian of the Person shall have authority to consent to the general care, maintenance and custody of ______ , without exception.

 The Permanent Plenary Guardian of the Person shall assure that _________________ receives appropriate services and shall assist him/her in developing self-reliance and independence.

 The Permanent Plenary Guardian of the Estate shall have the authority to marshal all of ______ 's income and assets, pay his/her bills and manage his/her financial affairs as fully as _________________  could do so himself/herself if he/she had not been adjudged incapacitated.

 If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the Guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. The representative shall be reimbursed for all expenses incurred payable from the estate of the incapacitated person.

 If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the Guardian.

 An Inventory must be filed no later than _________________ . A report by the Guardian of the Person and Estate shall be filed by _________________  and annually thereafter.

 Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing orders, the Guardian of the Estate shall file a final report with the Court in the form prescribed for accounts and shall cover the period from the date of the appointment of the Guardian of the Estate to the date of death of the incapacitated person or the adjudication of capacity.

 A Surety Bond in the amount of ______ shall be presented for approval by the Guardian of the Estate within five (5) days of the date of this Order.

 _________________ , an incapacitated person, has the right to appeal this Order of Court by filing a Notice of Appeal with the Clerk of the Orphans' Court Division within thirty (30) days of the date of this Order. At any time the incapacitated person or any other interested party may petition this Court for a hearing to review, modify or terminate the adjudication of incapacity and guardianship herein established.

 If _________________ was not present at this hearing on appointment of a guardian, then the petitioner shall serve upon and read to _________________  the Statement of Rights, a copy of which is attached to this Order and marked as Exhibit ''A,'' and file proof of such service with this Court within ten (10) days.

PER CURIAM:
_________________ J.          

Appendix E

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:		No.
_________________
An alleged incapacitated person

ORDER OF COURT DETERMINING INCAPACITY AND APPOINTING EMERGENCY
LIMITED GUARDIAN OF PERSON AND/OR ESTATE

 AND NOW, this ______ day of ______ , ______ , a hearing in this case having been held on ______ , ______ and it appearing to the Court that _________________ was served with a Notice of this hearing on _________________ ,  ______ and was present at the hearing (or) the Court finds that the physical or mental condition of _________________ would be harmed by his/her presence at the hearing, and further finds from the testimony:

1. That _________________ suffers from ______ , a condition or disability which partially impairs his/her capacity to receive and evaluate information effectively and to make and communicate decisions concerning his/her management of financial affairs or to meet essential requirements of his/her physical health and safety.

2. That there is insufficient support available to assist _________________  in overcoming such limitations and that there exists no less restrictive alternative mechanism for decisions making other than the appointment of a Limited Guardian.

3. That based on the partial incapacity of ______ to receive and evaluate information effectively, and to make or communicate decisions, a Limited Guardian of the Person and a Limited Guardian of the Estate are required on an emergency basis.

 NOW THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that ______  be and hereby is adjudged a partially incapacitated person.

 ___________________________ is appointed Emergency Limited Guardian of the Person
of ______ and ______ is appointed Emergency Limited Guardian of the Estate of ______ .

 The Emergency Limited Guardian of the Person shall have authority to consent to the general care, maintenance and custody of _________________  with the exception of: _________________ .

 The Emergency Limited Guardian of the Person shall assure that ______ receives appropriate services and shall assist him/her in developing self-reliance and independence.

 The Emergency Limited Guardian of the Estate shall have authority to marshal all of ______ 's income and assets except that _________________ , the incapacitated person, shall retain the following power and authority to act on his/her own behalf regarding his/her estate: _________________
_____________________________________ .

 If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. The representative shall be reimbursed for all expenses incurred payable from the estate of the incapacitated person.

 If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the guardian.

 THERE IS NO BOND REQUIRED ON THE EMERGENCY LIMITED GUARDIAN.

 _________________ , an incapacitated person, has the right to appeal this Order of Court by filing a Notice of Appeal with the Clerk of the Orphans' Court Division within thirty (30) days of the date of this Order. At any time, the incapacitated person or any other interested party may petition this Court for a hearing to review, modify or terminate the adjudication of incapacity and guardianship herein established.

 If ______ was not present at this hearing on the appointment of a guardian, then the petitioner shall serve upon and read to ______  the Statement of Rights, a copy of which is attached to this Order and marked as Exhibit ''A'' and file proof of such service with this Court within ten (10) days.

PER CURIAM:
_________________, J.          

Appendix F

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE:		No.
_________________
An alleged incapacitated person

ORDER OF COURT DETERMINING INCAPACITY
AND APPOINTING EMERGENCY
PLENARY GUARDIAN OF THE PERSON AND ESTATE

 AND NOW, this ______ day of _________________ , ______ , a hearing having been held on _________________ , and it appearing to the Court that _________________ was served with a Citation and Notice of this hearing on _________________ and was present at the hearing (or) the Court finds that the physical or mental condition of _________________ would be harmed by his/her presence at the hearing and further finds from the testimony:

1. That ______ suffers from ______, a condition or disability which totally impairs his/her capacity to receive and evaluate information effectively and to make and communicate decisions concerning his/her management of financial affairs or to meet essential requirements to his/her physical health and safety.

2. That there are insufficient supports available to assist ______  in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision making than the appointment of an Emergency Plenary Guardian.

3. That based on the total incapacity of ______ to receive and evaluate information and to make or communicate decisions, an Emergency Plenary Guardian of the Person and an Emergency Plenary Guardian of the Estate are required on an emergency basis.

 NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that _________________ be and is hereby adjudged an incapacitated person. _________________ is appointed Emergency Plenary Guardian of the Person and _________________ is appointed Emergency Plenary Guardian of the Estate.

 The Emergency Plenary Guardian of the Person shall have authority to consent to the general care, maintenance and custody of _________________ , without exception.

 The Emergency Plenary Guardian of the Person shall assure that _________________ receives appropriate services and shall assist him/her in developing self-reliance and independence.

 The Emergency Plenary Guardian of the Estate shall have the authority to marshal all of ______ 's income and assets, pay his/her bills and manage his/her financial affairs as fully as ______ could do so himself/herself if he/she had not be adjudged incapacitated.

 If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the Guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. The representative shall be reimbursed for all expenses incurred payable from the estate of the incapacitated person.

 If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the Guardian.

 The appointment of the Emergency Plenary Guardian of the Person and Estate shall remain in effect until further Order of Court.

 Bond is waived pending confirmation of asset information.

 _________________ , an incapacitated person, has the right to appeal this Order of Court by filing a Notice of Appeal with the Clerk of the Orphans' Court Division within thirty (30) days of the date of this Order. At any time, the incapacitated person or any other interested party may petition this Court for a hearing to review, modify or terminate the adjudication of incapacity and guardianship herein established.

 If _________________ was not present at this hearing on the appointment of a guardian, then the petitioner shall serve upon and read to ______ the Statement of Rights, a copy of which is attached to this Order of Court and marked as Exhibit ''A'' and file proof of such service with this Court within ten (10) days of the date of this Order.

PER CURIAM:
_________________, J.          

STATEMENT OF RIGHTS

 An order has been entered by a Judge of the Court of Common Pleas of Allegheny County, Orphans' Court Division, whereby you have been adjudicated an incapacitated person and unable to care for yourself and/or manage your personal affairs. You have the right to file an appeal within thirty (30) days of the date of the court's order with the Superior Court.

 In addition, you may petition the court at any future time to modify or to terminate the guardianship if there is a change in your capacity or if your guardian fails to perform his/her duties in accordance with the court's order.

 If you wish to appeal the order or to petition the court to modify or terminate the guardianship, you are entitled to be represented by an attorney. If you do not have an attorney, the court may appoint one to represent you. If you cannot afford an attorney, the services of an attorney whom the court may appoint for you will be provided at no cost to you.

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE: _________________                         CASE NO. _________________
    AN INCAPACITATED PERSON

                                    ORDER OF COURT APPOINTING
                                    SUCCESSOR GUARDIAN(S) OF THE
                                    PERSON AND ESTATE
                                    Copy to:

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

IN RE: _________________                NO.: _________________
    AN INCAPACITATED PERSON

ORDER OF COURT APPOINTING SUCCESSOR GUARDIAN(S)

 AND NOW, this ______ day of ______ , _____ , it is Ordered as follows:

 1. A Petition was filed seeking the appointment of a successor guardian. Notice was provided to the incapacitated person and all interested parties.

 2. A hearing was held on the following date: _________________ . OR
No hearing was held at this time, as the Court found from the record that a hearing was not required.

 3. The Court finds that the incapacitated person continues to need a guardian, of the type previously appointed (specify: plenary or limited, of the person and/or of the estate).

 4. The current guardian, _________________ , is relieved of their duties. They shall file an accounting within sixty (60) days, with copies to be provided to all counsel of record and the successor guardian.

 5. _________________ is hereby appointed as the successor plenary/limited guardian of the person and/or estate.

 6. The successor guardian shall file annual reports using the forms provided by the Court.

 7. The successor guardian is subject to the same conditions as the original guardian, and the successor guardian is responsible for reviewing all prior Court docket entries and Court Orders to be aware of their responsibilities and the history of the case.

 8. The successor guardian shall obtain a bond in the following amount and provide proof thereof to the Court's Guardianship Department prior to having access to any of the incapacitated person's funds. Bond amount:
_________________ .

 9. The successor guardian shall be responsible to insure that the incapacitated person participates to the greatest extent possible in all matters affecting the incapacitated person's day to day and ongoing personal and financial affairs.

 10. The successor guardian of the estate shall not expend or transfer any of the incapacitated person's funds without obtaining the prior permission of the Court by way of petition and Court Order.

BY THE COURT:
_________________, J.          

[Pa.B. Doc. No. 19-1670. Filed for public inspection November 8, 2019, 9:00 a.m.]

_______

¹  Sections denoted by asterisk (*) must be completed by counsel before Court presentation.

²  Sections marked by an asterisk (*) must be completed by counsel before Court presentation.

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