Armst. Cnty. Pa. 14.2.4

Current through February 13, 2020

Rule 14.2.4 - Emergency Guardian

(a) A separate petition for appointment of an emergency guardian shall be filed.

(b) After a petition for the appointment of an emergency guardian has been filed, the matter shall proceed on citation and hearing. The provisions of 20 Pa.C.S. 5511, including those relating to counsel, shall be applicable, except when the Court has found that such provisions are not feasible under the circumstances. If a petitioner believes that one or more provisions of 20 Pa.C.S. 5511 are not feasible under the circumstances, the petitioner shall state the factual basis for the same, and the Court may, in its discretion, dispense with compliance in the order awarding the citation. If not all required provisions have been complied with by the time of the hearing upon the petition, the Court may, in its discretion at the hearing, further dispense with compliance, if compliance is shown to have been unfeasible.

(c) The citation issued in connection with a petition for appointment of emergency guardian shall be modeled after the citation prescribed by Pa.O.C. Rule 14.5, with appropriate changes. A proposed citation shall be presented to the Court for review at the time the petition is presented.

(d) The petition shall have attached to it a preliminary order of court (emergency guardian) in following form:

[CAPTION]

PRELIMINARY ORDER (Emergency Guardian)

AND NOW, this ________ day of _______________, ______, the foregoing Petition for Appointment of Emergency Guardian having been presented in open Court, upon consideration thereof, it is ORDERED that a Citation be awarded, directed to the above-named alleged incapacitated person, to show cause why an emergency plenary/limited guardian of his/her person and estate should not be appointed.

The time and place of hearing on the petition are fixed for ___________________, _________________________, 2 _______, at __________ .M. in Courtroom No. ____ of the Armstrong County Courthouse, Kittanning, Pennsylvania.

The Court finds that

[ ] Service of notice of the hearing on the petition for emergency guardian is not feasible under the circumstances and is waived.

[ ] Notice of the hearing to the following persons is feasible under the circumstances and directs that the same be given as indicated:

_______________________________________________________________

_______________________________________________________________

______________________________________________________________ .

[ ] Strict compliance with 20 Pa.C.S. 5511(e); relating to contents of the petition, is not feasible under the circumstances and is waived.

[ ] Strict compliance with 20 Pa.C.S. 5511(a), pertaining to the right to counsel, is not feasible under the circumstances and is waived in connection with the petition for appointment of emergency guardian only.

BY THE COURT,

__________________________ J.

Armst. Cnty. Pa. 14.2.4

Adopted 7/21/2016. Effective 9/5/2016