231 Pa. Code Rule 14.7. Order and Certificate.

Rule 14.7. Order and Certificate.

(a)  Order Adjudicating Incapacity and Appointing Guardian.
   (1)  An order adjudicating incapacity and appointing a guardian shall address:
     (i)   the type of guardianship being ordered and any limits, if applicable;
     (ii)   the continued effectiveness of any previously executed powers of attorney or health care powers of attorney and the authority of such agent to act under the document;
     (iii)   the necessity of filing reports pursuant to Rule 14.8(a); and
     (iv)   the person or persons entitled to receive notice of the filing of such reports, pursuant to Rule 14.8(b).
   (2)  An order adjudicating incapacity and appointing a guardian shall contain a provision substantially in the following form:

  [Incapacitated person] is hereby notified of the right to seek reconsideration of this Order pursuant to Rule 8.2 and the right to appeal this Order within 30 days from the date of this Order by filing a Notice of Appeal with the Clerk of the Orphans’ Court. [Incapacitated person] may also petition the court at any time to review, modify, or terminate the guardianship due to a change in circumstances. [Incapacitated person] has a right to be represented by an attorney to file a motion for reconsideration, an appeal, or to seek modification or termination of this guardianship. If the assistance of counsel is needed and [incapacitated person] cannot afford an attorney, an attorney will be appointed to represent [incapacitated person] free of charge.
(b)  Order Adjudicating Incapacity and Appointing Guardian of Estate.
   (1)  In addition to the requirements set forth in paragraph (a)(1), an order adjudicating incapacity and appointing a guardian of the estate shall address:
     (i)   whether a bond is required and when the bond is to be filed; and
     (ii)   whether the guardian can spend principal without prior court approval.
   (2)  In addition to the requirement set forth in paragraph (a)(2), an order adjudicating incapacity and appointing a guardian of the estate shall contain a provision substantially in the following form:

  All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages, shall grant to the guardian of [incapacitated person]’s estate access to any and all assets, records, and accounts maintained for the benefit of [incapacitated person], and the guardian of [incapacitated person]’s estate shall be entitled to transfer, retitle, withdraw, or otherwise exercise dominion and control over any and all said assets, records, and accounts. The failure of any financial institution to honor this order may lead to contempt proceedings and the imposition of sanctions.
(c)  Certificate of Guardianship of Estate. Upon the request of the guardian of the estate, the clerk shall issue a certificate substantially in the following form:

(Caption)

I CERTIFY that on
, after giving full consideration to the factors set forth in Chapter 55 of the Probate, Estates, and Fiduciaries Code, 20 Pa.C.S. § §  5501 et seq., in the above-captioned matter, the Court adjudged
an incapacitated person and appointed
as plenary guardian of the estate.
FURTHER, I CERTIFY the Court, inter alia, ordered that:
All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages shall grant to the guardian of [incapacitated person]’s estate access to any and all assets, records, and accounts maintained for the benefit of [incapacitated person], and the guardian of [incapacitated person]’s estate shall be entitled to transfer, retitle, withdraw, or otherwise exercise dominion and control over any and all said assets, records, and accounts. The failure of any financial institution to honor this order may lead to contempt proceedings and the imposition of sanctions.
Witness my hand and seal of said Court
this
day of
,
.

[seal]
CLERK OF ORPHANS’ COURT

Explanatory Comment

   The requirements of paragraph (a) are intended to apply to all guardianship orders. The items addressed and contained in the order, as set forth in paragraphs (a) and (b), are not exhaustive. The court may fashion a guardianship of a person order to inform health care providers of the guardian’s authority, including the authority to give informed consent to proposed treatment, to share information, and to make decisions for the incapacitated person. See also In re DLH, 2 A.3d 505 (Pa. 2010) (discussing whether guardian has authority concerning life-preserving care); 20 Pa.C.S. §  5460(a) (requiring the court to determine the extent of agent’s authority under a health care power of attorney); 20 Pa.C.S. §  5604(c)(3) (requiring the court to determine the extent of agent’s authority under a durable power of attorney).

Source

   The provisions of this Rule 14.7 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.

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