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1. |
Petition alleging incapacity is filed with the Clerk of the Orphans’ Court. |
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2. |
Preliminary decree is entered, awarding a citation directing the alleged incapacitated person to show cause why he should not be adjudged an incapacitated person, and scheduling a hearing usually within thirty (30) days. |
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3. |
Service
of notice is made upon an alleged incapacitated person and others at least twenty (20) days before the hearing date. |
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4. |
Hearing takes place and evidence introduced. |
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5. |
Final
decree is entered, containing adjudication of incapacity, appointing guardian (if required), and fixing amount of security. |
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6. |
Inventory is filed, usually within ninety (90) days, and a copy of the incapacitated person’s will (if applicable) is submitted to Hearing Judge. |
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7. |
Petition
for special allowances (if required) is filed, generally to obtain approval for principal distributions. |
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8. |
Distributions
of incapacitated person’s estate at his death is made to his personal representative. |
A capsule review of the administration of the estates of incapacitated persons, discussed in greater detail below, is as follows: