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Rule 14.2B Accounts and Distribution. [ABROGATED September 28, 1994, effective November 28, 1994.]

A petition for the adjudication of incapacity and for the appointment of a guardian of the person or of the estate of the alleged incapacitated person shall contain the following information:

1. name and current address of petitioner;

2. the petitioner's relationship to and interest in the alleged incapacitated person's welfare;

3. name, age, residence and address of the alleged incapacitated person;

4. name and address of the person or institution providing residential services to the alleged incapacitated person;

5. names and addresses of all persons who are sui juris and who would be entitled to share in the estate of the alleged incapacitated person if that person died intestate;

6. names and addresses of all those providing medical, social, residential and other services to the alleged incapacitated person;

7. a statement as to whether the alleged incapacitated person has or has not been a member of the United States Armed Services and whether he is or is not receiving any benefits from the United States Veterans Administration;

8. a statement as to whether any Court has ever assumed jurisdiction in any proceeding to determine the competency or capacity of the alleged incapacitated person and whether any guardian of the person and/or the estate has ever been appointed;

9. the name and address of any attorney for the alleged incapacitated person, if known, or an attorney known to represent the person in other legal matters;

10. the reason why the guardianship is sought, including whether the proposed guardianship is plenary or limited;

11. a description of the functional limitations and physical and mental conditions of the alleged incapacitated person;

12. allegations of fact regarding the services being utilized to meet essential requirements for the alleged incapacitated person's physical health and safety, to manage the person's financial resources or to develop or regain the person's abilities;

13. allegations of fact concerning the type of assistance required by the alleged incapacitated person and why no less restrictive alternatives would be appropriate;

14. allegations of fact as to the probability that the extent of the alleged incapacitated person's incapacities may significantly lessen or change;

15. for each type of guardianship sought, the name, address and relationship to the alleged incapacitated person of the person or entity proposed as guardian;

16. an averment that the proposed guardian has no interest adverse to the alleged incapacitated person;

17. the qualifications of the proposed guardian;

18. the specific areas of incapacity over which it is required that the guardian be assigned powers;

19. if a guardian of the estate is sought, the gross value of the estate of the alleged incapacitated person and the person's income from all sources to the extent known.

The language used in the petition should be simple and easily understood. Attached on top of the petition shall be a proposed final decree which includes proposed findings of fact as provided by Bucks Rule 14.5D, grants the relief requested, notifies the incapacitated person of his right to appeal, states that a copy of the incapacitated person's last will and testament shall be supplied to the Court and provides for the filing of status reports as required by Bucks Rule 14.5E, and a preliminary decree awarding a citation in the form suggested by Bucks Rule 14.5B.2.

Rule 14.5B Notice.

1. Notice of the filing of the petition for adjudication of incapacity shall be served upon all persons who are sui juris and who would be entitled to share in the estate of the alleged incapacitated person if he died intestate. Notice shall be served upon such heirs by personal service, by first class mail, postage prepaid or in any other manner as directed by the Court or statute. Proof of notice shall be provided before or at the hearing.

2. The petition shall include a citation in large type in accordance with the Pennsylvania Supreme Court Orphans' Court Rules.

3. The petitioner shall be responsible for providing the clerk with the citation and for obtaining the completed citation from the clerk. The citation and petition shall be served upon the alleged incapacitated person by personal service by a competent adult, who shall read and explain the contents to the alleged incapacitated person. Proof of service shall be provided before or after the hearing. 

Rule 14.5C Report of Legal Representation.

At least seven days prior to the date established for hearing on the petition, the petitioner shall file a report with the Clerk of the Orphans' Court stating whether or not counsel has been retained to represent the alleged incapacitated person if no such information is contained in the petition. If counsel has been retained, counsel's name, address and telephone number shall be provided. If counsel has not been retained, petitioner shall state whether and for what reasons the appointment of counsel would be appropriate. 

Rule 14.5D Proposed Findings of Fact.

At or before the hearing, the petitioner shall provide the Court with proposed findings of fact, in separately numbered statements, which are necessary for the grant of the relief requested. The findings shall be incorporated in the proposed final decree. 

Rule 14.5E Periodic Report of the Guardian of the Person.

Within one year of the date of appointment and annually thereafter, or with greater frequency as the Court may direct, every guardian of the estate of an incapacitated person shall file a periodic report in substantially the following form:

IN RE:
ESTATE OF AN INCAPACITATED PERSON
SOCIAL SECURITY NO. ________________________________________________
ANNUAL REPORT OF GUARDIAN OF THE PERSON

1. I, _____________________________________ (name of guardian), was appointed (plenary or limited) guardian of the person by Decree of ______________, J., dated ___________________, 20___. (If appointment is not for an indefinite period of time, attach a copy of the decree of appointment.) This is my annual report for the period from ______________, 20___ to _________________, 20___. ("Report Period")

2. Present age of the incapacitated persons: _______ years
Date of birth: ___________________________________________________

3. Living arrangements.

a. Current address of the incapacitated person:
________________________________________________________________________
_____ nursing home
_____ boarding home/personal care home
_____ guardian's home/apartment
_____ hospital or medical facility
_____ relative's home
_____ other

c. The incapacitated person has been in the present residence since ________, 20____. If the incapacitated person has moved within the past year, state change and reason(s) for change:
____________________________________________________________________

d. Name and address of the incapacitated person's primary caregiver:
________________________________________________________________________
4. The major medical or mental problems of the incapacitated person are as follows:
__________________________________________________________________
__________________________________________________________________
(Check one) continue / be modified / be terminated.
(Briefly explain your response.)
___________________________________________________________________

7. During the past year, I have visited the incapacitated persons ______ times with the average visiting lasting ___________. The report of a social service organization employed by the guardian to oversee and coordinate the care of the incapacitated person for the period covered by this report may be attached to supplement this report.

I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa.C.S. §4904 relative to unsworn falsification to authorities.

 

Date: __________________________________

Signature

_________________________________

Name of Guardian (type or print)

_________________________________

Address

_________________________________

City, State, Zip

_________________________________

Telephone number 


Rule 14.5F Periodic Report of the Guardian of the Estate.

•  Within one year of the date of appointment and annually thereafter, or with greater frequency as the Court may direct every guardian of the estate of an incapacitated person shall file a periodic report in substantially the following form:

IN RE:

 

ESTATE OF

 

AN INCAPACITATED PERSON

 

SOCIAL SECURITY NO.

_____________________________

ANNUAL REPORT OF GUARDIAN OF THE ESTATE

1. I, ___________________________ (name of guardian), was appointed (plenary or limited) guardian of the estate by Decree of __________________, J., dated _______________, 20____. (If appointment is not for an indefinite period of time, attach a copy of the decree of appointment.) This is my annual report for the period from __________, 20_____ to __________, 20____. ("Report Period")

I. SUMMARY

 

 

A. Value of principal assets at the beginning of the report period. (See inventory if first report, otherwise last report.)

$_______________________________

 

B. Total amount of income earned during the report period.

$_______________________________

 

C. Total amount of all expenditures made for care and maintenance of the incapacitated person during the report period.

$_______________________________

 

(1) From principal:

 

$__________________

 

(2) From income:

 

$__________________

 

D. Total amount spent for all other purposes during the report period.

$_______________________________

 

E. Total amounts remaining at the end of the report period.

 

(1) Principal

 

$___________________

 

(2) Income

 

$___________________

 

(3) Total (1&2)

 

$___________________

II. ADDITIONAL INFORMATION (if more space is needed attach additional pages)

 

A. Principal:

 

(1) Total amount remaining at the end of the report period. $

 

(2) How principal is currently invested. (Please specify, i.e., real estate, certificates of deposit, restricted bank accounts, etc.)

 

(3) Have there been any expenditures from principal during the report period? If so, please list the amount and the reasons for the expenditures.

 

B. Income:

(1)

State sources and amount of income received during the report period (i.e., Social Security, pension, rents, etc.).

 

______________________

$

_________________________

 

______________________

$

_________________________

 

______________________

$

_________________________

 

Total income received during report period:

$_____________

(2) How is income currently invested? (Please specify, restricted bank accounts, client care account, etc. )

_________________________________________________________

_________________________________________________________

_________________________________________________________

 

C. Specify what payments were made for the care and maintenance of the incapacitated person (i.e., clothing, nursing home, medicine, support, etc.)

__________________________________________________________

__________________________________________________________

__________________________________________________________

 

D. Specify what other payments were made during the report period. (Do not include any items stated in response to question C above.)

__________________________________________________________

__________________________________________________________

__________________________________________________________

I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S. §4904 relative to unsworn falsification to authorities.

Date: ____________________________

 

 

Signature

 

____________________________

 

Name of Guardian (type or agent)

 

____________________________

 

Address

 

____________________________

 

City, State, Zip

 

____________________________

 

Telephone number

•  Within 10 days of the filing of the report, a copy of the report shall be served by first class mail, postage prepaid, on those persons, including the Commonwealth of Pennsylvania if applicable, entitled to notice under Rule 14.5B. An affidavit confirming such service shall be filed with the clerk within 10 days of service.

Rule 14.5G Ancillary Petitions.

Any petition or application ancillary to a proceeding involving adjudication of incapacity which is not specifically addressed in these rules, such as applications for discovery, for special hearing arrangements, for Court-directed mental or physical examination or for determination of the persons to be notified, shall be filed separately with a proposed order granting the relief requested. Relief may be ordered summarily in the Court's discretion. 

Rule 14.5H Disbursements.

1. When approval of the Court is necessary under 20 Pa.C.S. §5536 for a disbursement from an incapacitated person's estate, the petition therefor shall set forth:

a. the name of the guardian, the date of his appointment; if the petitioner is not the guardian, his relationship to the incapacitated person, and, if not related, the nature of his interest;

b. a summary of the inventory, the date it was filed, and the nature and present value of the estate;

c. the age, residence and the occupation, if any, of the incapacitated person; salary, income or benefits to which the incapacitated person is entitled or which the guardian or other person is receiving on behalf of the incapacitated person;

d. the names and addresses of the incapacitated person's dependents, if any;

e. an itemized statement of all claims of the incapacitated person's creditors known to petitioner; and

f. an itemized statement of the requested disbursement and the reasons therefor; a statement of all previous disbursements allowed by the Court.

2. If any portion of the incapacitated person's estate is or has been received from the United States Veterans' Administration or its successor, at least 20 days' prior written notice of the request for disbursement shall be given to said agency. 

Rule 14.5I Accounts and Distribution.

The practice and procedure with respect to the filing and audit of accounts of incapacitated persons' estates, as well as the distribution of assets from such estates, shall conform as nearly as may be with the practice and procedure governing the accounts of guardians of the estates of minors.