231 Pa. Code r. 14.7

Current through Register Vol. 54, No. 50, December 14, 2024

Rule 14.7 - Order and Certificate

(a)Order Adjudicating Incapacity and Appointing Guardian.

(1) An order adjudicating incapacity and appointing a guardian shall address:

(i) The type of guardianship being ordered and any limits, if applicable;

(ii) the continued effectiveness of any previously executed powers of attorney or health care powers of attorney and the authority of such agent to act under the document;

(iii) the necessity of filing reports pursuant to Rule 14.8(a); and

(iv) the person or persons entitled to receive notice of the filing of such reports, pursuant to Rule 14.8(b).

(2) An order adjudicating incapacity and appointing a guardian shall contain a provision substantially in the following form:

is hereby notified of the right to seek reconsideration of this Order pursuant to Rule 8.2 and the right to appeal this Order within 30 days from the date of this Order by filing a Notice of Appeal with the Clerk of the Orphans' Court. may also petition the court at any time to review, modify, or terminate the guardianship due to a change in circumstances. has a right to be represented by an attorney to file a motion for reconsideration, an appeal, or to seek modification or termination of this guardianship. If the assistance of counsel is needed and cannot afford an attorney, an attorney will be appointed to represent free of charge.

(b)Order Adjudicating Incapacity and Appointing Guardian of Estate.

(1) In addition to the requirements set forth in paragraph (a)(1), an order adjudicating incapacity and appointing a guardian of the estate shall address:

(i) whether a bond is required and when the bond is to be filed; and

(ii) whether the guardian can spend principal without prior court approval.

(2) In addition to the requirement set forth in paragraph (a)(2), an order adjudicating incapacity and appointing a guardian of the estate shall contain a provision substantially in the following form:

All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages, shall grant to the guardian of 's estate access to any and all assets, records, and accounts maintained for the benefit of, and the guardian of 's estate shall be entitled to transfer, retitle, withdraw, or otherwise exercise dominion and control over any and all said assets, records, and accounts. The failure of any financial institution to honor this order may lead to contempt proceedings and the imposition of sanctions.

(c)Certificate of Guardianship of Estate. Upon the request of the guardian of the estate, the clerk shall issue a certificate substantially in the following form:

(Caption)

I CERTIFY that on_______, after giving full consideration to the factors set forth in Chapter 55 of the Probate, Estates, and Fiduciaries Code, 20 Pa.C.S. §§ 5501et seq., in the above-captioned matter, the Court adjudged________ an incapacitated person and appointed________ as plenary guardian of the estate.

FURTHER, I CERTIFY the Court, inter alia, ordered that:

All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages shall grant to the guardian of 's estate access to any and all assets, records, and accounts maintained for the benefit of, and the guardian of 's estate shall be entitled to transfer, retitle, withdraw, or otherwise exercise dominion and control over any and all said assets, records, and accounts. The failure of any financial institution to honor this order may lead to contempt proceedings and the imposition of sanctions.

Witness my hand and seal of said Court this____ day of ____, ___.

[seal]

CLERK OF ORPHANS' COURT

______________________

231 Pa. Code r. 14.7

The provisions of this Rule 14.7 adopted June 1, 2018, effective 6/1/2019, 48 Pa.B. 3524.