Phil. Cnty. Pa. 14.6A

As amended through December 18, 2021
Rule 14.6A - Determination of Incapacity and Selection of Guardian. Hearing Date
(1)Proof of Service. On the date of the hearing for determination of incapacity, the following shall be submitted:
(a) an affidavit of service of the petition and citation on the alleged incapacitated person, attached to or endorsed upon the original citation, reciting that the petition and citation were explained to the maximum extent possible in language likely to be understood by the alleged incapacitated person and that a copy of each was left with him or her; and
(b) an affidavit reciting the manner of giving notice of the hearing and identifying those persons to whom such notice was given as required in Pa. O.C. Rule 14.2(f)(2).
(2) Attendance at Hearing. The petitioner and the alleged incapacitated person shall be present at the hearing unless the Court is satisfied, upon the deposition or notarized expert report 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 or her presence.
(3)Independent Evaluation: If, pursuant to 20 Pa.C.S. § 5511(d), the Hearing Judge deems it necessary upon his or her own motion or on petition by the alleged incapacitated person for cause shown, he or she shall order an independent evaluation to meet the requirements of 20 Pa.C.S. §5518, and determine the appropriate charges and the persons responsible for payment.
(4)Testamentary Writings. A copy of all testamentary writings of the incapacitated person found by the guardian, or in the possession of any other person, certified to be true and correct, shall be submitted by the guardian or such other person to the Hearing Judge for inspection within thirty (30) days of such guardian's appointment, or within thirty (30) days when such testamentary writing(s) is subsequently discovered.

Phil. Cnty. Pa. 14.6A

Adopted effective 6/1/2019.