To establish incapacity, the petitioner must present testimony, in person or by deposition from individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged by the petitioner, which establishes the nature and extent of the alleged incapacities and disabilities and the person's mental, emotional and physical condition, adaptive behavior and social skills. The petition must also present evidence regarding the services being utilized to meet essential requirements for the alleged incapacitated person's physical health and safety, to manage the person's financial resources or to develop or regain the person's abilities; evidence regarding the types of assistance required by the person and as to why no less restrictive alternatives would be appropriate; and evidence regarding the probability that the extent of the person's incapacities may significantly lessen or change.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5518 is referred to in section 5511 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 55 - Incapacitated Persons
Section 5501 - Meaning of incapacitated person
Section 5502 - Purpose of chapter
Section 5505 - Provisions similar to small estates of minors
Section 5511 - Petition and hearing; independent evaluation
Section 5512 - County of appointment; qualifications
Section 5512.1 - Determination of incapacity and appointment of guardian
Section 5512.2 - Review hearing
Section 5512.3 - Annual report
Section 5513 - Emergency guardian
Section 5514 - To fill vacancy; co-guardian
Section 5515 - Provisions similar to other estates
Section 5516 - Fiduciary estate
Section 5517 - Adjudication of capacity and modification of existing orders
Section 5518 - Evidence of incapacity
Section 5518.1 - Cross-examination of witnesses
Section 5521 - Provisions concerning powers, duties and liabilities
Section 5523 - Collateral attack
Section 5524 - Effect of determination of incapacity
Section 5525 - Notice to Commonwealth and political subdivisions
Section 5531 - When accounting filed
Section 5532 - Where accounts filed
Section 5533 - Notice, audits, reviews and distribution
Section 5533.1 - Account of personal representative of deceased incompetent (Repealed)
Section 5534 - Recognition of claims
Section 5535 - Disposition of trust income
Section 5536 - Distributions of income and principal during incapacity
Section 5537 - Reserve for funeral
Section 5551 - Guardianship support agencies; legislative intent
Section 5552 - Services to individuals whose decision-making ability is impaired.
Section 5553 - Guardianship services