CHAPTER 6
 

PROCEEDINGS INVOLVING
INCAPACITATED PERSONS

 

 
 
 
 

C.

Jurisdiction and Venue
     
Exclusive jurisdiction over the incapacitated person’s estate, and concurrent jurisdiction over his person, is vested in the Orphans’ Court. See PEF Code §711(10) and §712 (2).

In the case of a resident incapacitated person, the guardian of the person or estate may be appointed by the Court of the county in which the incapacitated person is domiciled, is a resident, or is residing in a long-term care facility. In the case of a non-resident incapacitated person a guardian of the estate may be appointed by the Court of the county which has jurisdiction of a decedent’s estate or trust in which the incapacitated person has an interest, or if the non-resident incapacitated person’s estate is derived otherwise, the Court of any county where an asset of the incapacitated person is located. See PEF Code §§5512(a) and (b), and §721(2); Rodriguez Estate, 6 D.&C. 2d 521 (O.C. Phila. 1956).

The appointment of a guardian for a non-resident incapacitated person may be made in accordance with the same procedure for a resident incapacitated person, or it may be made upon the submission of an exemplified copy of a decree establishing his incapacity in another jurisdiction. See PEF Code §5511(b).
 

 


 
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