Wednesday, February 6, 2019
From JD Supra:
Pennsylvania’s Powers of Attorney and guardianship rules will change in 2019, providing additional protection to the elderly at a time when they are at their most vulnerable.
A guardian is an individual or entity appointed by the Court to make decisions for an incapacitated person. The law in Pennsylvania defines an incapacitated person as, “An adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.”
A Judge sitting in Orphan’s Court decides if an individual is incapacitated. The process begins with an interested party filing a Petition with the Court. Then, a hearing is scheduled. More persons, referred to as “potentially aggrieved parties” such as a fiancée, best friend or business partner, will need to be served with notice and have the right to legally participate in the hearing. Previously, medical testimony was taken from a doctor or psychologist who has treated or examined the alleged incapacitated person. The new guardianship rules require an “Expert Report” instead of deposition testimony.
Read more here.