Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 163 - GUARDIANS AND TRUSTEES › GUARDIANS AND TRUSTEES PROVISIONS › Section 163.4 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure to appoint guardian or trustee.
The following
					 procedures will apply to the appointment of a guardian or trustee:
(1)
Prospective guardian will pay
					 cost of petition.
If the court is to be petitioned to appoint the
					 guardian, the county office will determine whether the prospective guardian
					 will pay the cost of petitioning for his appointment. If he will, he shall take
					 the necessary action to petition the court. The county office will take no part
					 in the appointment procedure. The county office will take no part in the
					 appointment procedure for a guardian or representative for a person who is a
					 patient in a public nursing home, such as a medical institution operated by a
					 county authority.
(2)
Prospective guardian may not pay cost of petition.
If the
					 prospective guardian is unable or unwilling to pay the cost of petitioning the
					 court for his appointment, the Department will take the necessary action and
					 pay the cost. There may be no costs for a natural guardian or a trustee in
					 being appointed by State Office. The Department will neither take the court
					 action nor pay the cost for appointment of a guardian or representative for an
					 applicant or recipient of public assistance who is a patient in a public
					 nursing home.
(3)
Request
					 for guardian or trustee.
The county office will send its request for a
					 guardian or trustee to State Office Medical Division. Medical and social
					 information will be required on every person for whom a guardian or trustee is
					 requested. The county office will submit the following material in requesting a
					 guardian or trustee:
(i) A Form PA 50 (Request
					 for Appointment of Guardian Representative or Trustee) containing the social
					 information. If a court-appointed guardian is requested, both sides of the Form
					 PA 50 will be completed and submitted in triplicate. Otherwise, the
					 "Supplemental Information" section on the reverse side will be left blank, the
					 "Recommendation" section signed, and the form submitted in duplicate.
(ii) Any available completed reports of
					 medical findings, such as Form PA 41, Form PA 258-N, and findings from allied
					 fields such as psychological reports, will also be included.
(iii) If the material in subparagraph (ii) is
					 not available but the person is under the care of a physician, a letter from
					 the physician, if he is willing to prepare one, will be submitted containing
					 his diagnosis of the mental condition of the client, with supporting objective
					 findings, and his evaluation of the competency of the client to manage his own
					 affairs. Also any additional supporting medical evidence from the case record
					 will be submitted.
(iv) The County
					 Assistance Office will review the report of the medical examination, submitted
					 by the physician or clinic, for completeness and conclusiveness and, finding it
					 satisfactory, send the Form PA 48, Form PA 259, and the required Invoice
					 Transmittal, Form PA 259-S, directly to the Bureau of Finance in Harrisburg,
					 having noted on the upper right hand corner of the Form PA 48 "report
					 received." If the medical report is incomplete, inconsistent, or otherwise
					 unsatisfactory, the medical examiner will be expected to amplify or clarify his
					 report of findings before the county office forwards the Form PA 48 and invoice
					 forms for payment. If the medical evidence in subparagraphs (ii) or (iii) is
					 not available, a medical examination will be authorized to get an evaluation of
					 the mental competence of the client. The County Office will send the following
					 directly to the physician or general medical clinic:
(A) One Form PA 48 (Authorization for Service
					 and Supplies).
(B) Five Form PA
					 259's (Standard Medical Invoice).
(C) One envelope addressed to the County
					 Board of Assistance to be used by the physician or clinic to return the Form PA
					 48 and the original and three copies of the invoice.
(v) If the client is physically unable to
					 communicate and his condition is as described in §
													163.3(a)(2)
					 (relating to requirements), a physician's statement that it is not medically
					 possible to evaluate the mental competence of the client will be
					 submitted.
(vi) If a guardian and
					 determination of total disability (AD) are to be requested for the same person,
					 the Forms PA 41, 41-S, 62, 62-S, and 50 will be submitted simultaneously. If
					 certification of visual acuity for BP and a guardian or trustee are to be
					 requested for same person, the Form PA 40 and the Form PA 50 will be submitted
					 simultaneously.
(vii) If the
					 medical or social information submitted by the county office in requesting a
					 guardian or trustee is adequate, State Office Medical Division will notify the
					 County Office.
(4)
Request for trustees for MH/MR clients released under community living
					 arrangements, such as group homes, and the like.
Requests for trustees
					 for MH/MP clients released under community living arrangements will conform
					 with the following:
(i) If the County MH/MR
					 Administrator or his delegate has decided that the client is mentally incapable
					 of carrying out his eligibility responsibilities, he will send a memorandum to
					 the County Assistance Office recommending a qualified person as prescribed in
					 §
													163.3(d) to be
					 trustee. The memorandum must contain a statement as to why the County MH/MR
					 Administrator or his delegate believes a trustee is needed. All social
					 information and medical evidence, such as completed reports of medical
					 findings, psychological reports and the like will be submitted with the
					 memorandum.
(ii) Upon receipt of
					 the information, the County Assistance Office will prepare a memorandum to the
					 Regional MH/MR Commissioner requesting that the recommended person be appointed
					 as trustee. The social information and medical evidence will be transmitted
					 with the memorandum. Upon review of the material, the Regional MH/MR
					 Commissioner will advise the County Assistance Office by written memorandum
					 that he has approved the recommended person and has appointed him as the
					 trustee. The material will be returned to the County Assistance Office with the
					 memorandum.
(5)
Court appointment of a guardian.
Court appointment of a
					 guardian will conform with the following:
(i)
					 If the information which the county office submits to State Office Medical
					 Division substantiates the county office decision and justifies proceeding with
					 the appointment of a guardian, Claim Settlements Division will refer the case
					 to an attorney to petition the local court to appoint the guardian. This
					 attorney will get in touch with the prospective guardian, handle all papers,
					 and arrange with Claim Settlements Division for payment of all costs incidental
					 to the proceedings. At the attorney's request the county office will notify the
					 person for whom assistance is being asked of the date, time and place of the
					 court hearing; and the caseworker will testify at the hearing in support of the
					 request for a guardian.
(ii) If the
					 court requires the prospective guardian to file a surety bond, Claim
					 Settlements Division will obtain the original bond. The bond will be
					 automatically renewed, and a copy of the invoice for the renewal sent to the
					 county office. If the person is no longer receiving assistance, the county
					 office will promptly notify Claim Settlements Division of the discontinuance,
					 giving Reason Code Number, so that the bond may be cancelled.
(iii) After the guardian is appointed, Claim
					 Settlements Division will send the county office either a copy of the Order of
					 the Court making the appointment, or other verification. If the attorney
					 informs the county office of the appointment before it receives the required
					 verification from Claim Settlements Division, the county office will proceed as
					 if it had received the required verification.
(iv) If the client has a court-appointed
					 guardian, the case record must contain either a copy of the Order of the Court
					 appointing the guardian, or the name and address of the guardian and the date
					 of appointment; and sufficient information, such as court term, year and
					 number, to identify the court record of the appointment. The entry will be made
					 on the Form PA 740 in the right half of the space headed "Citizenship..."
					 Caption entry "Court Guardian."
(v)
					 If for any reason the court does not appoint the proposed guardian, the county
					 office will be advised of the decision of the court.
(vi) If the court finds that the person for
					 whom the guardian is requested is not legally incompetent, the person will be
					 made the payee and continue as payee as long as he is eligible. If the county
					 office still finds that the person is mentally incapable of carrying out
					 eligibility responsibilities, it will request a trustee if this appears to be
					 the best plan for protecting the welfare of the person. If not, other
					 appropriate action will be taken.
(vii) If the court finds that the proposed
					 guardian does not qualify for appointment, assistance payments will be
					 continued for not more than two months until another person is found who may
					 qualify and will agree to act as guardian, or the client will be referred to
					 the CID as provided in § 163.3(c).
(6)
Recognition of natural guardian
					 and appointment of trustee.
Recognition of natural guardian and
					 appointment of trustee will conform with the following:
(i) If the information which the county
					 office submits substantiates its decision, the State office will recognize the
					 parent as the natural guardian, or appoint the trustee. In either event, a
					 signed copy of the Form PA 50 will be returned to the county office.
(ii) If an assistance payment is made to a
					 natural guardian or a trustee, the case record must contain a copy of the Form
					 PA 50 signed by the State Office recognizing the natural guardian or appointing
					 the trustee.