PRINTER'S NO. 3102
No. 2409 Session of 1978
INTRODUCED BY REED, GRAY AND ZITTERMAN, APRIL 18, 1978
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 18, 1978
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, increasing a reserve for
3 funeral expenses of an incompetent.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5537 of Title 20, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 5537. Reserve for funeral.
10 (a) In general.--The court may authorize the guardian to
11 retain such assets not exceeding [$600] $1,200 in value as are
12 deemed appropriate for the anticipated expense of the
13 incompetent's funeral, including the cost of a burial lot or
14 other resting place, which shall be exempt from all claims
15 including claims of the Commonwealth. The court with notice
16 thereof to the institution or person having custody of the
17 incompetent may also authorize the guardian or another person to
18 set aside such assets in the form of a savings account in a
19 financial institution which account shall not be subject to
1 escheat during the lifetime of the incompetent. Such assets may
2 be disbursed by the guardian or person who set aside such assets
3 or by the financial institution for such funeral expenses
4 without further authorization or accounting. Any part of such
5 assets not so disbursed shall constitute a part of the deceased
6 incompetent's estate. Should the incompetent become competent or
7 should such assets become excessive, the court, upon petition of
8 any party in interest, may make such order as the circumstances
9 shall require.
10 (b) Definition.--As used in this section "financial
11 institution" includes a bank, a bank and trust company, a trust
12 company, a savings and loan association, a building and loan
13 association, a savings bank, a private bank and a national bank.
14 Section 2. This act shall take effect in 60 days.
D17L22ML/19780H2409B3102 - 2 -