PRINTER'S NO. 3296
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2247
Session of
2018
INTRODUCED BY GILLEN, HENNESSEY, MILLARD, KNOWLES, PASHINSKI,
BIZZARRO, B. MILLER, RYAN, BERNSTINE, MURT, READSHAW, HILL-
EVANS, DAVIS, TOOHIL, WATSON, DeLUCA, WARREN, WARD, COX,
NEILSON, M. QUINN AND CONKLIN, APRIL 9, 2018
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 2018
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in incapacitated persons,
further providing for petition and hearing and independent
evaluation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(f) of Title 20 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 5511. Petition and hearing; independent evaluation.
* * *
(f) Who may be appointed guardian.--[The]
(1) Subject to the provisions of paragraph (2), the
court may appoint as guardian any of the following persons:
(i) a qualified individual[,];
(ii) a corporate fiduciary[,];
(iii) a nonprofit corporation[,];
(iv) a guardianship support agency under Subchapter
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F (relating to guardianship support); or
(v) a county agency.
(2) (i) In the case of residents of State facilities,
the court may also appoint, only as guardian of the
estate, the guardian office at the appropriate State
facility.
(ii) The court shall not appoint a person or entity
providing residential services for a fee to the
incapacitated person or any other person whose interests
conflict with those of the incapacitated person except
where it is clearly demonstrated that no guardianship
support agency or other alternative exists. Any family
relationship to such individual shall not, by itself, be
considered as an interest adverse to the alleged
incapacitated person.
(iii) The court shall disqualify a guardian or
prospective guardian convicted of an offense classified
as a felony under the laws of this Commonwealth or a
substantially similar offense under the laws of another
jurisdiction.
(iv) If appropriate, the court shall give preference
to a nominee of the incapacitated person.
(g) Court-appointed guardian background check.--
(1) A guardian or prospective guardian under subsection
(f) shall submit all of the following to the court:
(i) A report of Federal criminal history record
information.
(ii) A report of criminal history record information
from the Pennsylvania State Police as provided under 18
Pa.C.S. Ch. 91 (relating to criminal history record
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information) or a statement from the Pennsylvania State
Police that the Pennsylvania State Police central
repository contains no information relating to the
individual. The criminal history record information shall
be limited to that which is disseminated under 18 Pa.C.S.
§ 9121(b)(2) (relating to general regulations).
(iii) Validation of the guardian's or prospective
guardian's eligibility to legally work in the United
States.
(2) For the purpose of complying with paragraph (1), a
guardian or prospective guardian shall provide fingerprints
to the Pennsylvania State Police, its agent or an agent
approved for fingerprinting by the Federal Government. The
fingerprints may be used by the Pennsylvania State Police to
conduct a criminal background check and shall be forwarded to
the Federal Bureau of Investigation for a national criminal
background check.
(3) Information relating to a guardian or prospective
guardian submitted to or obtained by a court under paragraph
(1) shall be interpreted and used only to determine the
guardian's or prospective guardian's qualifications under
subsection (f)(2).
(4) The court may receive and retain information
consistent with this section that is otherwise protected
under 18 Pa.C.S. Ch. 91, subject to any requirements related
to redaction as specified in 18 Pa.C.S. § 9121(b)(2).
(5) If the guardian or prospective guardian under
paragraph (1) is an attorney, the court may accept a
certificate of good standing with disciplinary information
issued by the Supreme Court in place of the requirements of
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paragraph (1).
(6) A court-appointed guardian under subsection (f)
shall reapply under subsection (g) within three years from
the original appointment date.
(7) A guardian or prospective guardian under subsection
(f) shall pay for the costs associated with the requirements
of paragraph (1).
Section 2. This act shall take effect in 60 days.
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