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House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | September 21, 2021 09:12 AM |
|---|---|
| From: | Representative Gary W. Day |
| To: | All House members |
| Subject: | Appointment of Counsel in Adult Guardianship Cases |
| In the very near future, I plan to introduce legislation to amend Title 20, Chapter 55 (relating to incapacitated persons) to make the appointment of counsel mandatory in guardianship cases. Pursuant to current law, the Pennsylvania Orphans' Court Rules require that the court advise every person adjudicated to be incapacitated that they have a right to have counsel appointed for them, free of charge, in order to file an appeal or motion for reconsideration, or to terminate/modify a guardianship. The rules permit such advisement, but do not require counsel. Legal counsel is required to be appointed in all other cases in which a person faces depravation of their fundamental rights to due process as protected by the United States Constitution and the Pennsylvania Constitution. It is imperative that we extend the autonomy of adults and older adults deemed to be incapacitated to this category. Changing current law would assure that each person who is alleged to be incapacitated are protected and represented throughout the process. Please join me in co-sponsoring this important legislation. |
Introduced as HB1928