231 Pa. Code r. 14.9

Current through Register Vol. 55, No. 1, January 4, 2025
Rule 14.9 - Review Hearing
(a)Initiation. A review hearing may be requested by petition, ordered by the court upon its own initiative, or set forth in the order adjudicating incapacity and appointing a guardian. The procedure for conducting a review hearing shall meet all requirements set forth at 20 Pa.C.S. § 5512.2.
(b)Counsel. If an incapacitated person is unrepresented by counsel prior to the review hearing, then the court shall appoint counsel to represent the incapacitated person prior to the review hearing. An order ruling on the merits of the review hearing shall address the continued scope of representation of court-appointed counsel.
(c)Petition.
(1) A petition for a review hearing shall set forth:
(i) the name, age, address, and mailing address, if different, of the petitioner and the petitioner's relationship to the incapacitated person;
(ii) the date of the adjudication of incapacity;
(iii) the names and addresses of all guardians;
(iv) if the incapacitated person has been a patient in a mental health facility, the name of such facility, the date of admission, and the date of discharge;
(v) the present address of the incapacitated person, and the name of the person with whom the incapacitated person is living;
(vi) the names and addresses of the presumptive intestate heirs of the incapacitated person and whether they are sui juris or non suijuris;
(vii) whether the incapacitated person is represented by counsel and, if so, the name and address of counsel; and
(viii) averments setting forth why the guardianship should be terminated or modified, including averments pertaining to the findings required by 20 Pa.C.S. § 5512.1(a)(1)-(a)(4).
(2)Service. The petition shall be served in accordance with Pa.R.O.C.P.4.3 upon the incapacitated person, his or her counsel, and those entitled to notice pursuant to Pa.R.O.C.P. 14.2(f)(2).
(3)Hearing. The review hearing shall be conducted promptly after the filing of the petition with notice of the hearing served upon those served with the petition pursuant to subdivision (c)(2).
(d)Scheduled Review Hearing. If the court orders a review hearing on its own initiative or in the order establishing the guardianship pursuant to Pa.R.O.C.P. 14.7(a)(3), then:
(1) the court shall give notice of the hearing to the incapacitated person, his or her counsel, and those entitled to notice pursuant to Pa.R.O.C.P. 14.2(f)(2) at least 20 days prior to the date of the hearing; and
(2) the hearing notice shall be served in compliance with Pa.R.O.C.P. 4.3.

Comment:

Nothing in this rule is intended to preclude the court from scheduling a review hearing upon its own initiative or in the order adjudicating incapacity and appointing a guardian. For the court's disposition of a review hearing and evidentiary burden of proof, see 20 Pa.C.S. § 5512.2.

See Pa.R.O.C.P. 14.4(c) pertaining to responsibilities of appointed counsel.

231 Pa. Code r. 14.9

The provisions of this Rule 14.9 adopted June 1, 2018, effective 6/1/2019, 48 Pa.B. 3524.
Amended by Pennsylvania Bulletin, Vol 55, No. 01. January 4, 2025, effective 1/4/2025