Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XIV - GUARDIANSHIPS OF INCAPACITATED PERSONS › Rule 14.2 - Petition for Adjudication of Incapacity and Appointment of a Guardian of the Person or Estate of an Incapacitated Person

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition Contents.
A
				petition to adjudicate an individual as an incapacitated person and appoint a
				guardian shall state in plain language:
(1)
				Name, age, address, and mailing address, if different, of the petitioner and
				the petitioner's relationship to the alleged incapacitated person;
(2) Name, date of birth, residence, and
				mailing address, if different, of the alleged incapacitated person;
(3) Names and addresses of the spouse,
				parents, and presumptive intestate heirs of the alleged incapacitated person
				and whether they are
sui juris
or non
sui
				juris
;
(4) Name and
				address of the person or institution providing residential services to the
				alleged incapacitated person;
(5)
				Names and addresses of other service providers and nature of services being
				provided;
(6) Whether there is an
				executed health care power of attorney or advance health care directive
				pursuant to Title 20, Chapter 54, and if so, the name and address of the person
				designated in the writing to act as the agent;
Note:
See
				  20 Pa.C.S. §§
												5421
et seq.
for health care
				  power of attorney and advance health care directive (combination of a living
				  will and health care power of attorney).
(7) Whether there is an executed power of
				attorney pursuant to Title 20, Chapter 56, and if so, the name and address of
				the person designated in the writing to act as the agent;
Note:
See
				  20 Pa.C.S. §§
												5601 et seq. for power of
				  attorney.
(8) Whether there
				is any other writing by the alleged incapacitated person pursuant to Title 20,
				Chapters 54 or 58 authorizing another to act on behalf of the alleged
				incapacitated person, and if so, the name and address of the person designated;
Note:
See
				  20 Pa.C.S. §§
												5441-5447 for Living Will Act;
				  20 Pa.C.S. §§
												5451-5465 for Health Care Agents and
				  Representatives Act;
				  20 Pa.C.S. §§
												5821-5826 for Advance Directive for Mental
				  Health Act;
				  20 Pa.C.S. §§
												5831-5845 for Mental Health Care Agents
				  Act.
(9) Reason(s) why
				guardianship is sought, including a description of functional limitations and
				the physical and mental condition of the alleged incapacitated
				person;
(10) If not plenary, then
				specific areas of incapacity over which it is requested that the guardian be
				assigned powers;
(11) The
				probability of whether the physical condition and mental condition of the
				alleged incapacitated person will improve;
(12) Whether there has been a prior
				incapacity hearing concerning the alleged incapacitated person, and if so, the
				name of the court, the date of the hearing, and the determination of
				capacity;
(13) Steps taken to find
				a less restrictive alternative than a guardianship;
(14) If a guardian of the estate is sought:
(i) the gross value of the estate and net
				income from all sources, to the extent known; and
(ii) whether there is a prepaid burial
				account, to the extent known;
(15) Whether the alleged incapacitated person
				is a veteran of the United States Armed Services, and whether the alleged
				incapacitated person is receiving benefits from the United States Veterans'
				Administration on behalf of himself or herself or through a spouse;
				and
(16) Name and address, if
				available, of any person that the petitioner proposes should receive notice of
				the filing of guardianship reports pursuant to Rule
				14.8(b), which
				may include any person identified in paragraphs
				(a)(3)-(a)(8).