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09/26/2018 11:09 AM
Pennsylvania House of Representatives
http://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=24651
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: October 3, 2017 09:06 AM
From: Representative Francis X. Ryan
To: All House members
Subject: LEGISLATION – UPDATING OPRPHANS’ COURT REPORT PROCEDURES
 
Under current law, guardians of incapacitated persons are required to file annual reports on the finances and the well-being of the wards for which they are responsible. Under current law, the Courts are tasked with the enforcement and monitoring of the guardians filing these reports. Unfortunately, current law does not provide a mechanism for this enforcement. While annual reports are filed with the Clerk of the Orphans’ Court, the Court is often not aware of guardians who are delinquent in their filings. Also, many counties do not have an established procedure for reviewing the annual reports.

I plan to introduce legislation that will require Clerks of the Orphans’ Court to transmit to the Court of Common Please at least once per quarter a list of guardians who are delinquent in filing required annual reports. The legislation also places the burden on developing a process to review the filed reports on to the Courts. The Courts will have flexibility to determine how such procedures are followed, allowing counties of different sizes, with different caseloads and resources to determine the best manner to review the reports. The legislation is purposely silent on the implementation of penalties, as the Court should retain its flexibility in determining the severity of the sanction it imposes based on its finding in the case.

This legislation will increase protections available to some of our most vulnerable citizens by ensuring that their guardians comply with current law. The legislation is supported by the Registers of Wills and Clerks of the Orphans’ Court Association, and I hope you will join us in supporting it as well.

Please join with me in cosponsoring this legislation.

If you have any questions or concerns, please contact Julianne Naccarato in my Capitol office via jnaccara@pahousegop.com or 717.783.1815.




Introduced as HB1886