CHAPTER 6
 

PROCEEDINGS INVOLVING
INCAPACITATED PERSONS

 

 
 
 
 

A.

Introduction
     
A capsule review of the administration of the estates of incapacitated persons, discussed in greater detail below, is as follows:
     
   
  1. Petition alleging incapacity is filed with the Clerk of the Orphans’ Court.
   
  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.
     
  3. Service of notice is made upon an alleged incapacitated person and others at least twenty (20) days before the hearing date.
     
  4. Hearing takes place and evidence introduced.
     
  5. Final decree is entered, containing adjudication of incapacity, appointing guardian (if required), and fixing amount of security.
     
  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.
     
  7. Petition for special allowances (if required) is filed, generally to obtain approval for principal distributions.
     
  8. Distributions of incapacitated person’s estate at his death is made to his personal representative.
     
The basic statutory provisions are set forth in PEF Code §5501 et seq.
 

 


 
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