PRINTER'S NO. 1563
No. 1411 Session of 1993
INTRODUCED BY CLARK, E. Z. TAYLOR, HENNESSEY, KING, SEMMEL,
PETRONE, GEIST, TRELLO AND SERAFINI, APRIL 27, 1993
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 1993
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for a
3 certain notice relating to competency hearings.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(a) of Title 20 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5511. Petition and hearing; independent evaluation.
9 (a) Resident.--The court, upon petition and hearing and upon
10 the presentation of clear and convincing evidence, may find a
11 person domiciled in the Commonwealth to be incapacitated and
12 appoint a guardian or guardians of his person or estate. The
13 petitioner may be any person interested in the alleged
14 incapacitated person's welfare. The court may dismiss a
15 proceeding where it determines that the proceeding has not been
16 instituted to aid or benefit the alleged incapacitated person or
17 that the petition is incomplete or fails to provide sufficient
18 facts to proceed. Written notice of the petition and hearing
1 shall be given in large type and in simple language to the
2 alleged incapacitated person. The notice shall indicate the
3 purpose and seriousness of the proceeding and the rights that
4 can be lost as a result of the proceeding. It shall include the
5 date, time and place of the hearing and an explanation of all
6 rights, including the right to request the appointment of
7 counsel and to have counsel appointed if the court deems it
8 appropriate and the right to have such counsel paid for if it
9 cannot be afforded. [The Supreme Court shall establish a uniform
10 citation for this purpose.] A copy of the petition shall be
11 attached. Personal service shall be made on the alleged
12 incapacitated person, and the contents and terms of the petition
13 shall be explained to the maximum extent possible in language
14 and terms the individual is most likely to understand. Service
15 shall be no less than 20 days in advance of the hearing. In
16 addition, notice of the petition and hearing shall be given in
17 such manner as the court shall direct to all persons residing
18 within the Commonwealth who are sui juris and would be entitled
19 to share in the estate of the alleged incapacitated person if he
20 died intestate at that time, to the person or institution
21 providing residential services to the alleged incapacitated
22 person and to such other parties as the court may direct,
23 including other service providers. The hearing may be closed to
24 the public and without a jury unless the alleged incapacitated
25 person or his counsel objects. The hearing shall be closed and
26 with or without a jury if the person alleged to be incapacitated
27 or his counsel so requests. The hearing may be held at the
28 residence of the alleged incapacitated person. The alleged
29 incapacitated person shall be present at the hearing unless:
30 (1) the court is satisfied, upon the deposition or
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1 testimony of or sworn statement by a physician or licensed
2 psychologist, that his physical or mental condition would be
3 harmed by his presence; or
4 (2) it is impossible for him to be present because of
5 his absence from the Commonwealth. It shall not be necessary
6 for the alleged incapacitated person to be represented by a
7 guardian ad litem in the proceeding.
8 Petitioner shall be required to notify the court at least seven
9 days prior to the hearing if counsel has not been retained by or
10 on behalf of the alleged incapacitated person. In appropriate
11 cases, counsel shall be appointed to represent the alleged
12 incapacitated person in any matter for which counsel has not
13 been retained by or on behalf of that individual.
14 * * *
15 Section 2. This act shall take effect immediately.
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