Rule 5.19 - Petition To Settle Claims For Incapacitated PersonsSec. 1.Contents of Petition.Where no action has been instituted, a petition by the guardian of the estate of an incapacitated person for authority to settle a claim for damages proposed to be paid to the estate of an incapacitated person shall be verified by the guardian of the estate of the incapacitated person, shall contain a statement of the nature of the evidence relied upon to show liability, the elements of damage, the injuries sustained, and the list of expenses incurred or to be incurred. The petition shall also state whether surety bond was previously filed by the Guardian and the amount thereof. The petition shall be accompanied by the following exhibits:
(a) A statement by counsel as to such counsel's professional opinion regarding the desirability of the settlement and reasons therefor, a description of the services rendered, a description and the amount of reimbursable expenses requested, and the amount of fees requested, which, except in extraordinary circumstances, shall not exceed 33-1/3 percent of the present value of a structured settlement or 33-1/3 percent of the gross recovery of any other settlement;(b) A statement by the attending physician as to the injuries sustained by the incapacitated person, treatment administered and the prognosis; and(c) In property damage claims, a statement by the party who made the repairs or appraised the loss.Sec. 2.Annuity Contracts.(a) Where the terms of settlement of an incapacitated person's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company without the prior approval of the Orphans' Court Division of this court.(b) A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Department of court Records, Wills/Orphans' Court Division.Sec. 3.Settlement of Filed Action.For approval of an incapacitated person's claim where an action has been instituted, see Allegheny County Civil and Family Division Rule 2064.