HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.
(b) Notice required in matters involving adjudication of incapacity or appointment or removal of a guardian for an incapacitated person, other than notice upon the alleged or adjudicated incapacitated person, shall be by personal service, by service in such manner as the Court directs and/or as directed by statute in that particular case, or may be made by first-class mail, postage prepaid, to the known or last known address. In the latter case, a certificate of service shall be prepared and filed verifying that the address used is the proper known or last known address, and attaching a postal certificate of mailing.
(c) The petition shall include a notice and citation, substantially in the form prescribed by Y.C.O.C.R. 14.5.1. Petitioner shall be responsible for obtaining a completed notice and citation from the Clerk of the Orphans' Court, and petitioner shall be responsible for proper service of the petition, notice and citation. In all cases, service of the petition, notice and citation shall be made upon the alleged or adjudicated incapacitated person by personal service by the Sheriff or by any other competent adult, and the person making such service shall read to the alleged or adjudicated incapacitated person the petition, notice and citation, and then for a second time the notice and citation. The person making service shall explain the contents to the extent possible. When the alleged incapacitated person is institutionalized, service of the citation shall also be made upon the superintendent or other officer of said incapacitated person.
(d) Petitioner is responsible for filing a return of service conforming to Pa.R.C.P. 405, which also confirms that the contents of the notice and citation and of the petition were read and, to the extent possible, explained, to the Respondent as set forth in paragraph (c), above.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
(b) Language used in the petition should be easily understood. It is recommended that an affidavit of a physician or clinical psychologist be attached which contains a description of the physical and mental condition, any functional limitations and whether or not the respondent would be harmed by attendance at the proceeding to determine capacity.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
(1) the place of residence of the proposed guardian;
(2) the occupation of the proposed guardian;
(3) a statement that the proposed guardian speaks, reads and writes the English language;
(4) a statement that the proposed guardian does not have any interest adverse to the alleged incapacitated person;
(5) a statement that the proposed guardian is not a fiduciary, or an officer or employee or a corporate fiduciary, of an estate in which the alleged incapacitated person has an interest; not the surety, or an officer or employee of a corporate surety of such a fiduciary.
(b) If the proposed guardian is a corporate guardian, the written consent of the proposed guardian shall contain a statement that it is not the fiduciary of an estate in which the alleged incapacitated person has an interest, nor the surety of such a fiduciary, and that the proposed guardian does not have any adverse interest to the alleged incapacitated person.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
(1) the name of the guardian and date of appointment, or, if the petitioner is not the guardian, the petitioner's relationship to the incapacitated person or the nature of the petitioner's interest;
(2) a summary of the inventory, the date it was filed and the nature and present value of the estate and its income;
(3) the address and occupation, if any, of the incapacitated person;
(4) the names and addresses of the incapacitated person's dependents, if any;
(5) a statement of all claims of the incapacitated person's creditors known to petitioner;
(6) a statement of all previous distribution allowed by the Court;
(7) a statement of the requested distribution and the reasons therefor.
(b) If any portion of the incapacitated person's estate is received from the United States Veterans' Administration, notice of the request for allowance shall be given that agency.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
(b) Notice of filing shall be made to such person and in such manner as the Court shall direct.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
(b) Within one (1) year of the date of appointment and annually thereafter, or with such great frequency as the Court may direct, every guardian of the estate of an incapacitated person shall file a periodic report of the guardian of the estate in substantially the form available in the office of the Clerk. Notice and service of the said report shall be in such manner as the Court shall direct.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
Note: See PEF Code § 5517.
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]
[York Co. Note to Pa.O.C. Rule 14.4: See Pa.O.C. Rules 12.9 to 12.11, inclusive, and the Rules thereunder. 25 Pa.B. 2048 (5/27/95).]
[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]