Wednesday, June 27, 2007

PA Guardianship References Online

I performed pro bono online research for the Dauphin County Court Administrator's Office regarding a pilot program initiated by the Orphans' Court Division, of the Court of Common Pleas of Dauphin County, PA, in monitoring guardianships. I sought reliable resources, available publicly online, regarding both "guardianship" proceedings and "incapacitated persons" under Pennsylvania law.

I share these online references as a basic source of laws, rules, and forms on these topics.

Each judicial district in Pennsylvania can provide for additional local rules under PA Supreme Court Orphans' Court Rule 14 regarding "Incompetents' Estates"; and many have done so.

Thus, local rules regarding guardianship proceedings and incapacitated persons must always be checked regarding issues of required consent, service (notice), hearing & testimony, inventory, or related matters.

Yet a declaration of partial or full incapacity of an individual, and the appointment of a guardian -- either for the "person" or for the "estate", or possibly for both -- are only the beginning. Then comes the ongoing personal decision-making or the administration of funds, while the court always retains jurisdiction for review, if necessary.

Update: 11/16/11:

I updated the links, many of which had changed since the original posting.  For developments or discussions regarding guardianship, see: PA EE&F Law Blog topic "Guardianship".