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SCH.CO.O.C. RULE 14: ESTATES OF INCAPACITATED PERSONS/INCOMPETENTS

Rule 14.1A. Counsel. Incapacitated Persons.
(a) Upon the filing of a petition alleging incapacity and seeking appointment of a guardian, the Court shall appoint separate counsel for the alleged incapacitated person.

(b) Counsel, as guardian ad litem, for the alleged incapacitated person shall immediately investigate the matter; shall file pleadings and defend the petition, if contested, or shall report and recommend to the Court at the hearing on the petition as to those matters which affect the rights of the alleged incapacitated person.

[Adopted March 13, 1995, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 466 (2/3/96).]

Rule 14.1B. Reports of Guardian. Notice.
(a)(1) Guardian of the Person. At least once within the first twelve months of the appointment and annually thereafter, the guardian of the person, whether plenary or limited, shall file a report with the Court outlining the guardian's performance. The form of the report shall be substantially the same as the Clerk of the Orphans' Court Form No. 53. A final report shall be filed within sixty (60) days after the death of the incapacitated person.

(2) Guardian of the Estate. In addition to the filing of an inventory which must be filed within ninety (90) days of appointment, the guardian of the estate, whether plenary or limited, shall file a report with the Court at least once within the first twelve months of the appointment and annually thereafter as to the administration of the ward's estate. The Court, in its discretion, may require that the report be filed more frequently. The form of the report shall be substantially the same as the Clerk of the Orphans' Court Form No. 54. A final report shall be filed within sixty (60) days after the death of the ward.

(b) Notice. The guardian shall serve written notice of the filing of the report upon each care provider, next-of-kin, and all parties in interest by first-class mail within ten (10) days of filing the report in substantially the following form:

                  COURT OF COMMON PLEAS OF
               SCHUYLKILL COUNTY, PENNSYLVANIA

                  ORPHANS' COURT DIVISION

                 ANNUAL REPORT OF GUARDIAN

    In the matter of the Estate of _____________________, 
  an Incapacitated Person.  To the care providers, next-of-
  kin, and all parties in interest in said affairs:

    Notice is hereby given that ________________________,
  (guardian of the estate-guardian of the person) has filed 
  in the office of the Clerk of the said Court the annual
  report concerning the affairs of the ward.  A copy of the 
  report is available for inspection in the office of the 
  Clerk of the Orphans' Court, Schuylkill County Courthouse, 
  401 North Second Street, Pottsville, Pennsylvania.

[Adopted January 17, 1996, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 464 (2/3/96).]

Rule 14.2A. Guardians. Bond.
(a) Individuals as Guardians. Except in special circumstances, the Court will not appoint an individual as a guardian of the estate of an incompetent/incapacitated person without setting bond, as the Court in its discretion, deems appropriate. (Exceptions may include situations where a corporate guardian cannot be secured or the only asset of the incompetent/incapacitated person is a regular benefit payment such as pension, Social Security, Veterans' Administration, public assistance, railroad retirement payments.)

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 14.2B. Small Estates.
If at hearing the incompetent/incapacity is established, and it appears that the gross estate does not exceed the statutory limitation as defined in § 5505 of the P.E.F. Code, the Court may award the entire estate to the person or institution maintaining the incapacitated person/incompetent, or make such order as may be appropriate under the circumstances.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 14.2C. Notice.

Proof of service of notice shall be presented at the hearing. The affidavit of service shall, in all cases, relate that the petition and citation were read to the alleged incapacitated person/incompetent in the terms that person is most likely to understand.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 14.2D. Allowance for Maintenance and Support.
(a) Petition for Maintenance and Support. A petition for an allowance for maintenance and support of an incapacitated person/incompetent during incapacity or incompetency shall set forth:

(1) the name of the guardian and the date of his appointment; if the petitioner is not the guardian, his relationship to the incapacitated person/incompetent, and if not related, the nature of his interest;

(2) a summary of the inventory, the date it was filed, and the nature and present value of the estate;

(3) the address and occupation, if any, of the incapacitated person/incompetent;

(4) the names and addresses of the incapacitated person's/incompetent's dependents, if any;

(5) a statement of all claims of the incapacitated person's/incompetent's creditors known to petitioner;

(6) a statement of the requested allowance and the reason therefor; a statement of all previous allowances made by the Court; and

(7) if any portion of the incapacitated person's/incompetent's estate is received from the United States Veterans' Administration or its successor, that notice of the request for allowance has been given to that agency.

(b) Accounts and Distribution. The practice and procedure with respect to the filing. and audit of accounts, as well as the distribution of the assets of the estate, shall conform with Sch.Co.O.C. Rule 6.9C(e).

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]


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