Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 29 - MISCELLANEOUS PROVISIONS › Subchapter B - ALLEGED INCOMPETENT SPECIAL MASTERS › Section 29.42 - Procedures for Appointment of Guardians

Current through Register Vol. 54, No. 28, July 13, 2024
The subject order of the Supreme Court of Pennsylvania
					 provides a procedure for the appointment of Special Masters to conduct hearings
					 on petitions for appointment of guardians of an alleged incompetent residing in
					 a state mental hospital or state center for the mentally retarded, pursuant to
					 § 5511 of the act of June 30, 1972 (P. L. 508) (20 Pa.C.S. §
											5511) as amended by the act of December 10,
					 1974 (P. L. 867, No. 293) known as the "Decedents, Estates and Fiduciaries
					 Act." This order attempts to relieve the substantial hearing burden imposed on
					 the state judiciary by the decision in
Vecchione v. Wohlgemuth, et
					 al.,
No. 73-162 (U.S.D.C.E. Pa.). To this end, the appointment of
					 Special Masters is authorized.
Section 2 of the order authorizes the Court Administrator
					 to promulgate a standard petition form and other necessary regulations to
					 insure uniform, simple hearing procedures throughout the state. Section 3
					 provides for designations of counsel by the Court Administrator where private
					 counsel is unavailable to the alleged incompetent because of indigency or the
					 lack of adequate local counsel. Section 6 provides for the establishment of
					 fees and reasonable expenses by the Court Administrator for the Special Master
					 and designated counsel for the alleged incompetent, if any. Regulations
					 implementing these three sections follows:
1. Each petition for appointment of a
				  guardian shall be substantially in the form set forth at Appendix A. Said
				  Petition shall have attached to it a proposed Report and Recommendations of the
				  Special Master, and Order, Citation, Preliminary Order of Court, a Consent of
				  the Proposed Guardian and appropriate affidavits and competency reports.
				  Hearings shall, whenever possible, be scheduled consecutively at each
				  institution to maximize the resources of the Special Master and others involved
				  in the hearing process.
2. When
				  private counsel is not available to the alleged incompetent and an application
				  is made in writing to the President Judge of the court wherein the petition is
				  filed by either the petitioner, the alleged incompetent or the guardian
ad litem
for the alleged incompetent, the President Judge
				  shall designate and appoint such counsel as are in public service, to serve
				  without compensation; failing in which, however, the Court Administrator shall
				  designate appointed counsel, upon the recommendation and finding of the
				  President Judge that such appointment is appropriate and necessary. The Court
				  Administrator may designate one or more counsel to represent all unrepresented
				  alleged incompetents at each institution or center where such hearings are
				  held. The application for appointment of counsel shall be substantially in the
				  form set forth at Appendix B.
3. The
				  Special Master and appointed counsel shall receive such reasonable compensation
				  and actual expenses as may be fixed by the Court Administrator on
				  recommendation of the President Judge. Scheduling of hearings should be made so
				  as to minimize travel costs. Such expenses shall be submitted to the Court for
				  approval at the time the Report and Recommendation of the Special Master is
				  submitted to the Court and shall be paid from the estate, unless funds are
				  insufficient or legally unavailable for such purposes. If funds are not
				  available, such compensation and expense charges shall be assessed for payment
				  by the County.
4. The Special
				  Master shall receive such reasonable per diem compensation or salary as is
				  agreed upon in advance of hearings by the Court Administrator and the President
				  Judge. Special Masters shall be appointed so as to minimize overall costs and
				  to reduce the amount which may be assessed against individual estates to cover
				  such compensation. Where funds in individual estates are insufficient or are
				  otherwise legally unavailable, the compensation of the Special Master shall be
				  assessed for payment by the County. The Court Administrator may authorize
				  representation of alleged incompetents pursuant to Section 3 and Regulation 2
				  to be paid reasonable compensation as determined in advance of such
				  representation, either on a per case basis, if such counsel is designated for
				  individual cases, or on a salary basis, if such counsel is designated as a
				  general representative for all unrepresented alleged incompetents at a specific
				  institution or center.