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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HENNESSEY, BAKER, CALTAGIRONE, CLYMER, CURRY, DALEY, DONATUCCI, GILLEN, GILLESPIE, GINGRICH, HALUSKA, HARHART, HESS, HORNAMAN, KAVULICH, KILLION, KOTIK, MILLER, MURT, RAPP, READSHAW, REICHLEY, ROSS, TAYLOR, VEREB AND WATSON, JUNE 24, 2011 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JUNE 24, 2011 |
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| AN ACT |
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1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, providing for uniform |
3 | adult guardianship and protective proceedings jurisdiction. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 20 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a chapter to read: |
8 | CHAPTER 59 |
9 | UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS |
10 | JURISDICTION |
11 | Subchapter |
12 | A. General Provisions |
13 | B. Jurisdiction |
14 | C. Transfer of Guardianship or Conservatorship |
15 | D. Registration and Recognition of Orders from Other States |
16 | E. Miscellaneous Provisions |
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1 | SUBCHAPTER A |
2 | GENERAL PROVISIONS |
3 | Sec. |
4 | 5901. Short title of chapter. |
5 | 5902. Definitions. |
6 | 5903. International application of chapter. |
7 | 5904. Communication between courts. |
8 | 5905. Cooperation between courts. |
9 | 5906. Taking testimony in another state. |
10 | § 5901. Short title of chapter. |
11 | This chapter shall be known and may be cited as the Uniform |
12 | Adult Guardianship and Protective Proceedings Jurisdiction Act. |
13 | § 5902. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Adult." An individual who has attained 18 years of age. |
18 | "Conservator." A person appointed by the court to administer |
19 | the property of an adult, including a person appointed under |
20 | Chapter 55 (relating to incapacitated persons). |
21 | "Guardian." A person appointed by the court to make |
22 | decisions regarding the person of an adult, including a person |
23 | appointed under Chapter 55 (relating to incapacitated persons). |
24 | "Guardianship order." An order appointing a guardian. |
25 | "Guardianship proceeding." A judicial proceeding in which an |
26 | order for the appointment of a guardian is sought or has been |
27 | issued. |
28 | "Incapacitated person." An adult for whom a guardian has |
29 | been appointed. |
30 | "Party." The respondent, petitioner, guardian, conservator |
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1 | or any other person allowed by the court to participate in a |
2 | guardianship or protective proceeding. |
3 | "Person." Notwithstanding 1 Pa.C.S. § 1991 (relating to |
4 | definitions) and except in the term "incapacitated person" or |
5 | "protected person," any: |
6 | (1) individual; |
7 | (2) corporation; |
8 | (3) business trust; |
9 | (4) estate; |
10 | (5) trust; |
11 | (6) partnership; |
12 | (7) limited liability company; |
13 | (8) association; |
14 | (9) joint venture; |
15 | (10) public corporation; |
16 | (11) government or governmental subdivision, agency or |
17 | instrumentality; or |
18 | (12) other legal or commercial entity. |
19 | "Protected person." An adult for whom a protective order has |
20 | been issued. |
21 | "Protective order." An order appointing a conservator or |
22 | other order related to management of an adult's property. |
23 | "Protective proceeding." A judicial proceeding in which a |
24 | protective order is sought or has been issued. |
25 | "Record." Information that is inscribed on a tangible medium |
26 | or that is stored in an electronic or other medium and is |
27 | retrievable in perceivable form. |
28 | "Respondent." An adult for whom a protective order or the |
29 | appointment of a guardian is sought. |
30 | "State." A state of the United States, the District of |
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1 | Columbia, Puerto Rico, the Virgin Islands, a federally |
2 | recognized Indian tribe or any territory or insular possession |
3 | subject to the jurisdiction of the United States. |
4 | § 5903. International application of chapter. |
5 | A court of this Commonwealth may treat a foreign country as |
6 | if it were a state for the purpose of applying this subchapter |
7 | and Subchapters B (relating to jurisdiction), C (relating to |
8 | transfer of guardianship or conservatorship) and E (relating to |
9 | miscellaneous provisions). |
10 | § 5904. Communication between courts. |
11 | (a) Authorization.--A court of this Commonwealth may |
12 | communicate with a court in another state concerning a |
13 | proceeding arising under this chapter. The court may allow the |
14 | parties to participate in the communication. Except as otherwise |
15 | provided in subsection (b), the court shall make a record of the |
16 | communication. The record may be limited to the fact that the |
17 | communication occurred. |
18 | (b) Exception.--Courts may communicate concerning schedules, |
19 | calendars, court records and other administrative matters |
20 | without making a record. |
21 | § 5905. Cooperation between courts. |
22 | (a) Initiation.--In a guardianship or protective proceeding |
23 | in this Commonwealth, a court of this Commonwealth may request |
24 | the appropriate court of another state to do any of the |
25 | following: |
26 | (1) Hold an evidentiary hearing. |
27 | (2) Order a person in that state to produce evidence or |
28 | give testimony pursuant to procedures of that state. |
29 | (3) Order that an evaluation or assessment be made of |
30 | the respondent. |
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1 | (4) Order any appropriate investigation of a person |
2 | involved in a proceeding. |
3 | (5) Forward to the court of this Commonwealth a |
4 | certified copy of the transcript or other record of a hearing |
5 | under paragraph (1) or any other proceeding, any evidence |
6 | otherwise produced under paragraph (2) and any evaluation or |
7 | assessment prepared in compliance with an order under |
8 | paragraph (3) or (4). |
9 | (6) Issue any order necessary to assure the appearance |
10 | in the proceeding of a person whose presence is necessary for |
11 | the court to make a determination, including the respondent |
12 | or the incapacitated or protected person. |
13 | (7) Issue an order authorizing the release of medical, |
14 | financial, criminal or other relevant information in that |
15 | state, including protected health information as defined in |
16 | 45 CFR 160.103 (relating to definitions). |
17 | (b) Response.--If a court of another state in which a |
18 | guardianship or protective proceeding is pending requests |
19 | assistance of the kind provided in subsection (a), a court of |
20 | this Commonwealth has jurisdiction for the limited purpose of |
21 | granting the request or making reasonable efforts to comply with |
22 | the request. |
23 | § 5906. Taking testimony in another state. |
24 | (a) General procedures.--In a guardianship or protective |
25 | proceeding, in addition to other procedures that may be |
26 | available, testimony of a witness who is located in another |
27 | state may be offered by deposition or other means allowable in |
28 | this Commonwealth for testimony taken in another state. The |
29 | court on its own motion may order that the testimony of a |
30 | witness be taken in another state and may prescribe the manner |
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1 | in which and the terms upon which the testimony is to be taken. |
2 | (b) Means.--In a guardianship or protective proceeding, a |
3 | court in this Commonwealth may permit a witness located in |
4 | another state to be deposed or to testify by telephone or |
5 | audiovisual or other electronic means. A court of this |
6 | Commonwealth shall cooperate with the court of the other state |
7 | in designating an appropriate location for the deposition or |
8 | testimony. |
9 | SUBCHAPTER B |
10 | JURISDICTION |
11 | Sec. |
12 | 5911. Definitions; significant connection factors. |
13 | 5912. Exclusive basis. |
14 | 5913. Jurisdiction. |
15 | 5914. Special jurisdiction. |
16 | 5915. Exclusive and continuing jurisdiction. |
17 | 5916. Appropriate forum. |
18 | 5917. Jurisdiction declined by reason of conduct. |
19 | 5918. Notice of proceeding. |
20 | 5919. Proceedings in more than one state. |
21 | § 5911. Definitions; significant connection factors. |
22 | (a) Definitions.--The following words and phrases when used |
23 | in this subchapter shall have the meanings given to them in this |
24 | section unless the context clearly indicates otherwise: |
25 | "Emergency." A circumstance: |
26 | (1) which likely will result in substantial harm to a |
27 | respondent's health, safety or welfare; and |
28 | (2) for which the appointment of a guardian is necessary |
29 | because no other person has authority and is willing to act |
30 | on the respondent's behalf. |
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1 | "Home state." One of the following: |
2 | (1) The state in which the respondent was physically |
3 | present, including any period of temporary absence, for at |
4 | least six consecutive months immediately before the filing of |
5 | a petition for a protective order or the appointment of a |
6 | guardian. |
7 | (2) If the requirement of paragraph (1) is not met, the |
8 | state in which the respondent was physically present, |
9 | including any period of temporary absence, for at least six |
10 | consecutive months ending within the six months prior to the |
11 | filing of the petition. |
12 | "Significant-connection state." A state, other than the home |
13 | state, with which a respondent has a significant connection |
14 | other than mere physical presence and in which substantial |
15 | evidence concerning the respondent is available. |
16 | (b) Significant connection factors.--In determining under |
17 | sections 5913 (relating to jurisdiction) and 5921(e) (relating |
18 | to transfer of guardianship or conservatorship to another state) |
19 | whether a respondent has a significant connection with a |
20 | particular state, the court shall consider all of the following: |
21 | (1) The location of the respondent's family and other |
22 | persons required to be notified of the guardianship or |
23 | protective proceeding. |
24 | (2) The length of time the respondent at any time was |
25 | physically present in the state and the duration of any |
26 | absence. |
27 | (3) The location of the respondent's property. |
28 | (4) The extent to which the respondent has ties to the |
29 | state. This paragraph includes voting registration, state or |
30 | local tax return filing, vehicle registration, driver's |
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1 | license, social relationship and receipt of services. |
2 | § 5912. Exclusive basis. |
3 | This subchapter provides the exclusive jurisdictional basis |
4 | for a court of this Commonwealth to appoint a guardian or issue |
5 | a protective order for an adult. |
6 | § 5913. Jurisdiction. |
7 | A court of this Commonwealth has jurisdiction to appoint a |
8 | guardian or issue a protective order for a respondent if one of |
9 | the following paragraphs applies: |
10 | (1) This Commonwealth is the respondent's home state. |
11 | (2) On the date the petition is filed, all of the |
12 | following subparagraphs apply: |
13 | (i) This Commonwealth is a significant-connection |
14 | state. |
15 | (ii) One of the following clauses applies: |
16 | (A) The respondent does not have a home state, |
17 | or a court of the respondent's home state has |
18 | declined to exercise jurisdiction because this |
19 | Commonwealth is a more appropriate forum. |
20 | (B) The respondent has a home state; a petition |
21 | for an appointment or order is not pending in a court |
22 | of that state or another significant-connection |
23 | state; and, before the court makes the appointment or |
24 | issues the order: |
25 | (I) a petition for an appointment or order |
26 | is not filed in the respondent's home state; |
27 | (II) an objection to the court's |
28 | jurisdiction is not filed by a person required to |
29 | be notified of the proceeding; and |
30 | (III) the court in this Commonwealth |
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1 | concludes that it is an appropriate forum under |
2 | the factors set forth in section 5916 (relating |
3 | to appropriate forum). |
4 | (3) This Commonwealth does not have jurisdiction under |
5 | either paragraph (1) or (2), the respondent's home state and |
6 | all significant-connection states have declined to exercise |
7 | jurisdiction because this Commonwealth is the more |
8 | appropriate forum and jurisdiction in this Commonwealth is |
9 | consistent with the Constitution of the United States and the |
10 | Constitution of Pennsylvania. |
11 | (4) The requirements for special jurisdiction under |
12 | section 5914 (relating to special jurisdiction) are met. |
13 | § 5914. Special jurisdiction. |
14 | (a) Scope.--A court of this Commonwealth lacking |
15 | jurisdiction under section 5913(1), (2) or (3) (relating to |
16 | jurisdiction) has special jurisdiction to do any of the |
17 | following: |
18 | (1) Appoint a guardian in an emergency for a term not |
19 | exceeding 90 days for a respondent who is physically present |
20 | in this Commonwealth. |
21 | (2) Issue a protective order with respect to real or |
22 | tangible personal property located in this Commonwealth. |
23 | (3) Appoint a guardian or conservator for an |
24 | incapacitated or protected person for whom a provisional |
25 | order to transfer the proceeding from another state has been |
26 | issued under procedures similar to section 5921 (relating to |
27 | transfer of guardianship or conservatorship to another |
28 | state). |
29 | (b) Dismissal.--If a petition for the appointment of a |
30 | guardian in an emergency is brought in this Commonwealth and |
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1 | this Commonwealth was not the respondent's home state on the |
2 | date the petition was filed, the court shall dismiss the |
3 | proceeding at the request of the court of the home state, if |
4 | any, whether dismissal is requested before or after the |
5 | emergency appointment. |
6 | § 5915. Exclusive and continuing jurisdiction. |
7 | Except as otherwise provided in section 5914 (relating to |
8 | special jurisdiction), a court that has appointed a guardian or |
9 | issued a protective order consistent with this chapter has |
10 | exclusive and continuing jurisdiction over the proceeding until |
11 | it is terminated by the court or the appointment or order |
12 | expires by its own terms. |
13 | § 5916. Appropriate forum. |
14 | (a) Decline to exercise jurisdiction.--A court of this |
15 | Commonwealth having jurisdiction under section 5913 (relating to |
16 | jurisdiction) to appoint a guardian or issue a protective order |
17 | may decline to exercise its jurisdiction if it determines at any |
18 | time that a court of another state is a more appropriate forum. |
19 | (b) Procedure.--If a court of this Commonwealth declines to |
20 | exercise its jurisdiction under subsection (a), it shall either |
21 | dismiss or stay the proceeding. The court may impose any |
22 | condition the court considers just and proper, including the |
23 | condition that a petition for the appointment of a guardian or |
24 | issuance of a protective order be filed promptly in another |
25 | state. |
26 | (c) Consideration.--In determining whether it is an |
27 | appropriate forum, the court shall consider all relevant |
28 | factors, including: |
29 | (1) any expressed preference of the respondent; |
30 | (2) whether abuse, neglect or exploitation of the |
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1 | respondent has occurred or is likely to occur and which state |
2 | could best protect the respondent from the abuse, neglect or |
3 | exploitation; |
4 | (3) the length of time the respondent was physically |
5 | present in or was a legal resident of this Commonwealth or |
6 | another state; |
7 | (4) the distance of the respondent from the court in |
8 | each state; |
9 | (5) the financial circumstances of the respondent's |
10 | estate; |
11 | (6) the nature and location of the evidence; |
12 | (7) the ability of the court in each state to decide the |
13 | issue expeditiously and the procedures necessary to present |
14 | evidence; |
15 | (8) the familiarity of the court of each state with the |
16 | facts and issues in the proceeding; and |
17 | (9) if an appointment were made, the court's ability to |
18 | monitor the conduct of the guardian or conservator. |
19 | § 5917. Jurisdiction declined by reason of conduct. |
20 | (a) Judicial options.--If a court of this Commonwealth |
21 | determines that it acquired jurisdiction to appoint a guardian |
22 | or issue a protective order because of unjustifiable conduct, |
23 | the court may exercise an option under any of the following |
24 | paragraphs: |
25 | (1) Decline to exercise jurisdiction. |
26 | (2) Exercise jurisdiction for the limited purpose of |
27 | fashioning an appropriate remedy to: |
28 | (i) ensure the health, safety and welfare of the |
29 | respondent or the protection of the respondent's |
30 | property; or |
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1 | (ii) prevent a repetition of the unjustifiable |
2 | conduct, including staying the proceeding until a |
3 | petition for the appointment of a guardian or issuance of |
4 | a protective order is filed in a court of another state |
5 | having jurisdiction. |
6 | (3) Continue to exercise jurisdiction after considering: |
7 | (i) the extent to which the respondent and all |
8 | persons required to be notified of the proceedings have |
9 | acquiesced in the exercise of the court's jurisdiction; |
10 | (ii) whether it is a more appropriate forum than the |
11 | court of any other state under the factors set forth in |
12 | section 5916(c) (relating to appropriate forum); and |
13 | (iii) whether the court of any other state would |
14 | have jurisdiction under factual circumstances in |
15 | substantial conformity with the jurisdictional standards |
16 | of section 5913 (relating to jurisdiction). |
17 | (b) Costs and fees.--If a court of this Commonwealth |
18 | determines that it acquired jurisdiction to appoint a guardian |
19 | or issue a protective order because a party seeking to invoke |
20 | its jurisdiction engaged in unjustifiable conduct, it may assess |
21 | against that party necessary and reasonable expenses, including |
22 | attorney fees, investigative fees, court costs, communication |
23 | expenses, witness fees and expenses and travel expenses. The |
24 | court may not assess fees, costs or expenses of any kind against |
25 | the Commonwealth, a political subdivision or an instrumentality |
26 | of the Commonwealth unless authorized by law other than this |
27 | chapter. |
28 | § 5918. Notice of proceeding. |
29 | If a petition for the appointment of a guardian or issuance |
30 | of a protective order is brought in this Commonwealth and this |
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1 | Commonwealth was not the respondent's home state on the date the |
2 | petition was filed, in addition to complying with the notice |
3 | requirements of this Commonwealth, notice of the petition must |
4 | be given to those persons who would be entitled to notice of the |
5 | petition if a proceeding were brought in the respondent's home |
6 | state. The notice must be given in the same manner as notice is |
7 | required to be given in this Commonwealth. |
8 | § 5919. Proceedings in more than one state. |
9 | Except for a petition for the appointment of a guardian in an |
10 | emergency or issuance of a protective order limited to property |
11 | located in this Commonwealth under section 5914(a)(1) or (2) |
12 | (relating to special jurisdiction), if a petition for the |
13 | appointment of a guardian or issuance of a protective order is |
14 | filed in this Commonwealth and in another state and neither |
15 | petition has been dismissed or withdrawn, all of the following |
16 | apply: |
17 | (1) If the court in this Commonwealth has jurisdiction |
18 | under section 5913 (relating to jurisdiction), it may proceed |
19 | with the case unless a court in another state acquires |
20 | jurisdiction under provisions similar to section 5913 before |
21 | the appointment or issuance of the order. |
22 | (2) If the court in this Commonwealth does not have |
23 | jurisdiction under section 5913, whether at the time the |
24 | petition is filed or at any time before the appointment or |
25 | issuance of the order, the court shall stay the proceeding |
26 | and communicate with the court in the other state. If the |
27 | court in the other state has jurisdiction, the court in this |
28 | Commonwealth shall dismiss the petition unless the court in |
29 | the other state determines that the court in this |
30 | Commonwealth is a more appropriate forum. |
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1 | SUBCHAPTER C |
2 | TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP |
3 | Sec. |
4 | 5921. Transfer of guardianship or conservatorship to another |
5 | state. |
6 | 5922. Accepting guardianship or conservatorship transferred |
7 | from another state. |
8 | § 5921. Transfer of guardianship or conservatorship to another |
9 | state. |
10 | (a) Petition.--A guardian or conservator appointed in this |
11 | Commonwealth may petition the court to transfer the guardianship |
12 | or conservatorship to another state. |
13 | (b) Notice.--Notice of a petition under subsection (a) must |
14 | be given to the persons that would be entitled to notice of a |
15 | petition in this Commonwealth for the appointment of a guardian |
16 | or conservator. |
17 | (c) Hearing.--The court shall hold a hearing on a petition |
18 | filed under subsection (a): |
19 | (1) on its own motion; or |
20 | (2) on request of: |
21 | (i) the guardian or conservator; |
22 | (ii) the incapacitated or protected person; or |
23 | (iii) another person required to be notified of the |
24 | petition. |
25 | (d) Provisional guardianship order.--The court shall issue |
26 | an order provisionally granting a petition to transfer a |
27 | guardianship and shall direct the guardian to petition for |
28 | guardianship in the other state if the court is satisfied that |
29 | the guardianship will be accepted by the court in the other |
30 | state and the court finds that: |
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1 | (1) the incapacitated person is physically present in or |
2 | is reasonably expected to move permanently to the other |
3 | state; |
4 | (2) an objection to the transfer has not been made or, |
5 | if an objection has been made, the objector has not |
6 | established that the transfer would be contrary to the |
7 | interests of the incapacitated person; and |
8 | (3) plans for care and services for the incapacitated |
9 | person in the other state are reasonable and sufficient. |
10 | (e) Provisional conservatorship order.--The court shall |
11 | issue a provisional order granting a petition to transfer a |
12 | conservatorship and shall direct the conservator to petition for |
13 | conservatorship in the other state if the court is satisfied |
14 | that the conservatorship will be accepted by the court of the |
15 | other state and the court finds that: |
16 | (1) the protected person is physically present in or is |
17 | reasonably expected to move permanently to the other state, |
18 | or the protected person has a significant connection to the |
19 | other state considering the factors in section 5911(b) |
20 | (relating to definitions; significant connection factors); |
21 | (2) an objection to the transfer has not been made or, |
22 | if an objection has been made, the objector has not |
23 | established that the transfer would be contrary to the |
24 | interests of the protected person; and |
25 | (3) adequate arrangements will be made for management of |
26 | the protected person's property. |
27 | (f) Final order.--The court shall issue a final order |
28 | confirming the transfer and terminating the guardianship or |
29 | conservatorship upon its receipt of: |
30 | (1) a provisional order accepting the proceeding from |
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1 | the court to which the proceeding is to be transferred which |
2 | is issued under provisions similar to section 5922 (relating |
3 | to accepting guardianship or conservatorship transferred from |
4 | another state); and |
5 | (2) the documents required to terminate a guardianship |
6 | or conservatorship in this Commonwealth. |
7 | § 5922. Accepting guardianship or conservatorship transferred |
8 | from another state. |
9 | (a) Petition.--To confirm transfer of a guardianship or |
10 | conservatorship transferred to this Commonwealth under |
11 | provisions similar to section 5921 (relating to transfer of |
12 | guardianship or conservatorship to another state), the guardian |
13 | or conservator must petition the court in this Commonwealth to |
14 | accept the guardianship or conservatorship. The petition must |
15 | include a certified copy of the other state's provisional order |
16 | of transfer. |
17 | (b) Notice.--Notice of a petition under subsection (a) must |
18 | be given to those persons that would be entitled to notice if |
19 | the petition were a petition for the appointment of a guardian |
20 | or issuance of a protective order in both the transferring state |
21 | and this Commonwealth. The notice must be given in the same |
22 | manner as notice is required to be given in this Commonwealth. |
23 | (c) Hearing.--The court shall hold a hearing on a petition |
24 | filed under subsection (a): |
25 | (1) on its own motion; or |
26 | (2) on request of: |
27 | (i) the guardian or conservator; |
28 | (ii) the incapacitated or protected person; or |
29 | (iii) another person required to be notified of the |
30 | petition. |
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1 | (d) Provisional order.--The court shall issue an order |
2 | provisionally granting a petition filed under subsection (a) |
3 | unless: |
4 | (1) an objection is made and the objector establishes |
5 | that transfer of the proceeding would be contrary to the |
6 | interests of the incapacitated or protected person; or |
7 | (2) the guardian or conservator is ineligible for |
8 | appointment in this Commonwealth. |
9 | (e) Final order.--The court shall issue a final order |
10 | accepting the proceeding and appointing the guardian or |
11 | conservator as guardian or conservator in this Commonwealth upon |
12 | its receipt from the court from which the proceeding is being |
13 | transferred of a final order issued under provisions similar to |
14 | section 5921 transferring the proceeding to this Commonwealth. |
15 | (f) Modification.--Not later than 90 days after issuance of |
16 | a final order accepting transfer of a guardianship or |
17 | conservatorship, the court shall determine whether the |
18 | guardianship or conservatorship requires modification to conform |
19 | to the laws of this Commonwealth. |
20 | (g) Recognition of order from other state.--In granting a |
21 | petition under this section, the court shall recognize a |
22 | guardianship or conservatorship order from the other state, |
23 | including the determination of the incapacitated or protected |
24 | person's incapacity and the appointment of the guardian or |
25 | conservator. |
26 | (h) Effect of denial.--The denial by a court of this |
27 | Commonwealth of a petition to accept a guardianship or |
28 | conservatorship transferred from another state does not affect |
29 | the ability of the guardian or conservator to seek appointment |
30 | as guardian or conservator in this Commonwealth under Chapter 55 |
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1 | (relating to incapacitated persons) if the court has |
2 | jurisdiction to make an appointment other than by reason of the |
3 | provisional order of transfer. |
4 | SUBCHAPTER D |
5 | REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES |
6 | Sec. |
7 | 5931. Registration of guardianship orders. |
8 | 5932. Registration of protective orders. |
9 | 5933. Effect of registration. |
10 | § 5931. Registration of guardianship orders. |
11 | If a guardian has been appointed in another state and a |
12 | petition for the appointment of a guardian is not pending in |
13 | this Commonwealth, the guardian appointed in the other state, |
14 | after giving notice to the appointing court of an intent to |
15 | register, may register the guardianship order in this |
16 | Commonwealth by filing as a foreign judgment in a court, in any |
17 | appropriate judicial district of this Commonwealth, certified |
18 | copies of the order and letters of office. |
19 | § 5932. Registration of protective orders. |
20 | If a conservator has been appointed in another state and a |
21 | petition for a protective order is not pending in this |
22 | Commonwealth, the conservator appointed in the other state, |
23 | after giving notice to the appointing court of an intent to |
24 | register, may register the protective order in this Commonwealth |
25 | by filing as a foreign judgment in a court of this Commonwealth, |
26 | in any judicial district in which property belonging to the |
27 | protected person is located, certified copies of the order and |
28 | letters of office and of any bond. |
29 | § 5933. Effect of registration. |
30 | (a) Powers.--Upon registration of a guardianship or |
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1 | protective order from another state, the guardian or conservator |
2 | may exercise in this Commonwealth all powers authorized in the |
3 | order of appointment except as prohibited under the laws of this |
4 | Commonwealth, including maintaining actions and proceedings in |
5 | this Commonwealth and, if the guardian or conservator is not a |
6 | resident of this Commonwealth, subject to any conditions imposed |
7 | upon nonresident parties. |
8 | (b) Relief authorized.--A court of this Commonwealth may |
9 | grant any relief available under this chapter and other law of |
10 | this Commonwealth to enforce a registered order. |
11 | SUBCHAPTER E |
12 | MISCELLANEOUS PROVISIONS |
13 | Sec. |
14 | 5991. Uniformity of application and construction. |
15 | 5992. Relation to Electronic Signatures in Global and National |
16 | Commerce Act. |
17 | § 5991. Uniformity of application and construction. |
18 | In applying and construing this uniform act, consideration |
19 | must be given to the need to promote uniformity of the law with |
20 | respect to its subject matter among states that enact it. |
21 | § 5992. Relation to Electronic Signatures in Global and |
22 | National Commerce Act. |
23 | (a) General rule.--Except as set forth in subsection (b), |
24 | this chapter modifies, limits or supersedes the Electronic |
25 | Signatures in Global and National Commerce Act (Public Law |
26 | 106-229, 15 U.S.C. § 7001 et seq.). |
27 | (b) Exceptions.-- |
28 | (1) This chapter does not modify, limit or supersede |
29 | section 101(c) of the Electronic Signatures in Global and |
30 | National Commerce Act (15 U.S.C. § 7001(c)). |
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1 | (2) This chapter does not authorize electronic delivery |
2 | of any of the notices described in section 103(b) of the |
3 | Electronic Signatures in Global and National Commerce Act (15 |
4 | U.S.C. § 7003(b)). |
5 | Section 2. Applicability is as follows: |
6 | (1) Subject to paragraph (2), the addition of 20 Pa.C.S. |
7 | Ch. 59 applies to guardianship and protective proceedings |
8 | begun on or after the effective date of this act. |
9 | (2) The addition of the following provisions of 20 |
10 | Pa.C.S. Ch. 59 apply to proceedings begun before the |
11 | effective date of this section, regardless of whether a |
12 | guardianship or protective order has been issued: |
13 | (i) Subchapter A. |
14 | (ii) Subchapter C. |
15 | (iii) Subchapter D. |
16 | (iv) Subchapter E. |
17 | Section 3. This act shall take effect in 60 days. |
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