Order Rescinding Orphans' Court Rules 14.2A through 14.5I and Promulgating Orphans' Court Rules 14.2A through 14.9A

[49 Pa.B. 2346]
[Saturday, May 11, 2019]


And Now, this 18th day of April 2019, pursuant to Pennsylvania Orphans' Court Rule 1.5, the Bucks County Orphans' Court Rules 14.2A through 14.5I are hereby vacated and replaced by Bucks County Orphans' Court Rules 14.2A through 14.9A.

 These rules shall take effect on June 1, 2019, after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 14.2A. Notice of Mental Health Commitment.

 In addition to the requirements of 20 Pa.C.S.A. § 5511, the petitioner shall file with the Petition for Adjudication of Incapacity and Appointment of a Guardian of the Person and Estate of an Incapacitated Person, a duly completed Notice of Mental Health Commitment, as prescribed by the Administrative Office of Pennsylvania Courts and the Pennsylvania State Police.

Rule 14.2B. Withdrawal of Petition.

 A Petition for Adjudication of Incapacity and Appointment of a Guardian of the Person and Estate of an Incapacitated Person, once filed with the court, may not be withdrawn without court approval unless a praecipe to withdraw is accompanied by a death certificate or a timely affidavit from a physician that the individual does have capacity.

Rule 14.9A. Allowances.

1. Petition Contents

 When approval of the court is necessary under 20 Pa.C.S.A. § 5536 for an allowance from an incapacitated person's estate, the petition shall set forth:

 a. the name of the guardian and the date of the appointment; if the petitioner is not the guardian, his or her relationship to the incapacitated person; and, if not related, the nature of his or her interest;

 b. a summary of the inventory or last report of the guardian, the date it was filed, and a summary of the nature and present value of the estate;

 c. the age, residence and the occupation, if any, of the incapacitated person;

 d. salary, income or benefits to which the incapacitated person is entitled or which the guardian or another person is receiving on behalf of the incapacitated person;

 e. the names and addresses of all interested persons and, which one of them, if any, are dependents of the incapacitated person;

 f. an itemized statement of all claims of the incapacitated person's creditors known to petitioner; and

 g. an itemized statement of the requested allowance and the reasons therefor; and a statement of all previous allowances, or that no previous allowances have been made by the court.

2. Exhibits

 a. a copy of the decree appointing guardian;

 b. statements and/or invoices evidencing requested allowance(s) and any claim(s) against the estate; and

 c. a copy of the inventory or last report of the guardian.

3. Notice to Veterans' Administration

 If any portion of the incapacitated person's estate is or has been received from the United States Veterans' Administration, written notice of the requested allowance shall be given to said agency.

4. Petition Practice

 In addition to providing an order for hearing, all requirements set forth in Chapter III of the Pennsylvania Orphans' Court Rules shall be applicable, including the submission of a verification by the petitioner, a certificate of service and a proposed final decree.

[Pa.B. Doc. No. 19-686. Filed for public inspection May 10, 2019, 9:00 a.m.]

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