PRINTER'S NO. 3120
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2209
Session of
2020
INTRODUCED BY GILLEN, JAMES, COX, SIMMONS, MILLARD AND STEPHENS,
JANUARY 13, 2020
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
JANUARY 13, 2020
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] A court may
appoint a guardian as follows:
(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[,];
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(iv) a guardianship support agency under Subchapter
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) If appropriate, the court shall give
preference to a nominee of the incapacitated person.
(g) Court-appointed guardian background check.--The
following shall apply:
(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
information) or a statement from the Pennsylvania State
Police that the Pennsylvania State Police central
repository contains no information relating to the
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individual. The criminal history record information shall
be limited to information 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 under
this section that is otherwise protected under 18 Pa.C.S. Ch.
91, subject to any requirements related to redaction as
specified under 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 of Pennsylvania in place of the
requirements of paragraph (1).
(6) A court-appointed guardian under subsection (f)
shall resubmit the background check information required
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under paragraph (1) every three years.
(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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