Rule 14.2(k) - Conduct Of Hearing/Trial(1)Timing of Depositions. Any Petitioner intending to present testimony by deposition of individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged shall not schedule any such deposition at a date sooner than twenty (20) days following the service of the Petition upon the alleged incapacitated person. (2) Presence of Alleged incapacitated Person. The alleged incapacitated person shall be present at the hearing unless: (a) The Court is satisfied, upon deposition or testimony of, or sworn statement by a physician or licensed psychologist, that the physical or mental condition of the alleged incapacitated person would be harmed by his presence and further that such person is unable to appreciate the subject matter of the petition and nature of the proceeding seeking an adjudication of incapacity; or(b) It is impossible for the alleged incapacitated person to be present because of his earlier absence from the Commonwealth(3) Request for Hearing at Residence. A request for the hearing to be held at the residence of the alleged incapacitated person shall be presented to the Court by Motion no later than ten (10) days prior to the scheduled date of the hearing. Such Motion shall set forth the basis upon which the location of the hearing shall be changed. Included in the motion shall be the consent of all persons or entities to whom notice of hearing shall have been given. If a consent cannot be obtained because a person or entity objects to the change of location or for some other valid reason such as lack of capacity, the Moving Party shall note in the Motion that such consent could not be obtained and specify the reason therefore. Notice of the filing of the Motion shall be given to the alleged incapacitated person and to all persons and entities who received notice of the scheduling of the hearing.(4) Notification Regarding Counsel. The Court shall appoint counsel to represent the alleged incapacitated person in any matter for which counsel has not been retained by or on behalf of that individual. If counsel has been retained for the alleged incapacitated person, counsel shall enter a written appearance prior to the scheduled hearing. At the time of hearing the Court shall determine the alleged incapacitated person's ability to pay for counsel. If the Court finds such person is unable to make such payment, the costs of appointment of counsel shall be paid by the County. (5) Closure of Hearing; Non-Jury Nature. The hearing shall be closed to the public unless the alleged incapacitated person or his counsel objects. The hearing shall be without a jury unless written request for a jury trial is filed by the alleged incapacitated or their counsel, no later than twenty (20) days following service of the Petition upon the alleged incapacitated person. (6) Evidentiary Standard. No person shall be found to be incapacitated in the absence of the presentation of clear and convincing evidence. (7) Grounds for Dismissal. If the Court determines that the proceeding has not been instituted to aid or benefit the alleged incapacitated person, or that the Petition is incomplete or fails to provide sufficient facts to proceed, the proceeding may be dismissed.(8) Production of Will. The alleged incapacitated person's last known will shall be produced by the Petitioner at the time of hearing, if the same is available. In the event that Court makes a determination of incapacity, the Court shall receive a copy of said will and direct that the same be made part of the record under seal of the Court, unless the Court finds in its discretion that the nature of the incapacity does not warrant incorporation of a copy of the will into the record. The Court may further order a guardian to present a copy of any will of a person adjudicated incapacitated if located subsequent to the hearing, regardless of whether such will predates or postdates a will previously made part of the record.