Pa. O.C. Rule 14.1. Local Rules.

[Amended December 23, 1998, 29 Pa.B. 329, effective January 1, 1999.]

Pa. O.C. Rule 14.2. Adjudication of Incapacity and Appointment of a Guardian of the Person and/or Estate of an Incapacitated Person.

[Amended January 26, 1968, effective February 1, 1968. Amended November 24, 1975, effective July 1, 1976. Repealed and replaced with the above on December 23, 1998, 29 Pa.B. 329, effective January 1, 1999.]

Pa. O.C. Rule 14.3. Review Hearing.

(1) the date of the adjudication of incapacity;

(2) the name and address of the guardian;

(3) if the incapacitated person has been a patient in a mental hospital, the name of such institution, the date of admission, and the date of discharge;

(4) the present address of the incapacitated person and the name of the person with whom the incapacitated person is living;

(5) the names and addresses of the presumptive adult heirs of the incapacitated person; and

(6) an averment that (i) there has been a significant change in the person's capacity; (ii) there has been a change in the need for guardianship services; or (iii) the guardian has failed to perform duties in accordance with the law or act in the best interest of the incapacitated person.

[Official Note: See 20 Pa.C.S. § 5512.2.]

[Amended December 23, 1998, 29 Pa.B. 329, effective January 1, 1999.]

Pa. O.C. Rule 14.4. Proceedings Relating to Real Estate.

[Adopted January 26, 1968, effective February 1, 1968. Amended December 23, 1998, 29 Pa.B. 329, effective January 1, 1999.]

[Committee Comment: Section 443 of the Incompetents' Estates Act of 1955, 50 P.S. § 3443, substantially adopts the provisions of the Fiduciaries Act of 1949 governing transactions of this type by personal representatives, trustees and guardians of minors. It seems appropriate, therefore, to ask that guardians of incompetents conform to the practice applicable to the others.
  The disclosure provisions are an adaptation of rules presently in effect in Philadelphia and Montgomery Counties. Act #477 approved Dec. 22, 1965 amending Section 14 of the Wills Act, 10 P.S. §180.14, only partially ameliorates the harshness of the ademption rule, which so often distorts or defeats the testamentary scheme of the incompetent. In any event, the suggested disclosure should in most cases prevent an unintentional ademption or permit the court to preserve the testamentary scheme as equitably and closely as possible. The limited disclosure, being solely to further the objectives of the incompetent, should not offend the sensibilities of those who honor the sanctity of testamentary writings. Nor does it apprise the next of kin of either the existence or contents of the will which might otherwise embarrass one who subsequently regains his competency.]

Pa. O.C. Rule 14.5. Form of Citation and Notice

You are hereby ordered to appear at a hearing to be held in Courtroom No. _____, __________________, Pennsylvania, on ___________________ at __ M. to tell the Court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on your behalf.

To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent.

At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity.

If the Court decides that you are an Incapacited Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full power to act for you.

If the Court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court.

                                         By:________________________
                                            Clerk, Orphans' Court

[Adopted June 12, 1995, effective August 5, 1995.]

[Official Note: Proposed Rule 14.5 prescribes the form of the uniform citation and notice to be served with a petition for adjudication of incapacity and appointment of guardian as required by Section 5511 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5511.
  The proposed rule is part of an ongoing process by which all existing subdivisions of Rule 14 are being revised to reflect current requirements.]