Current through Register Vol. 54, No. 44, November 2, 2024
Section 29.42 - Procedures for Appointment of GuardiansThe 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.The provisions of this §29.42 adopted September 1, 1978, 8 Pa. B. 2424.