CHAPTER 6
 

PROCEEDINGS INVOLVING
INCAPACITATED PERSONS

 

 
 
 
 

D.

Types of Guardians
     
   
1.

Emergency Guardian

     
   

Pending an adjudication of incapacity, an emergency guardian may be appointed to avoid irreparable harm to the incapacitated person’s estate or person. Notice of the petition and the hearing to appoint an emergency guardian is required only to the extent it appears feasible under the circumstances. An emergency order appointing a guardian of the person may be in effect for up to seventy-two (72) hours. If the emergency continues, the Court may extend the emergency order for no more than twenty (20) days from the original order’s expiration after which a full guardianship proceeding must be initiated. See PEF Code §5513. But see Phila.O.C. Rule 14.2.B(7)(c)(ii) (an emergency guardian of the estate shall not exceed thirty (30) days). The emergency guardian may be the same person who will eventually serve as permanent guardian.

     
2.   Guardian of the Person or Estate
     
    A guardian may be appointed for either a resident incapacitated person’s estate or his person. The same individual can be appointed guardian of both the person and estate. A guardian of the estate is responsible for managing the property of the incapacitated person, receiving all income and exercising reasonable discretion in making expenditures for the care and maintenance of the incapacitated person. See PEF Code §5536(a). A guardian of the person makes decisions for an individual who is unable to make or communicate responsible decisions regarding his person. For instance, if consent to a medical procedure is needed, or if no one is caring for the incapacitated person and it is necessary to obtain medical service or admit him to a care facility, it would be appropriate to request a guardian for the incapacitated person’s person. See Null Estate, 25 Fiduc. Rep. 1 (O.C. Div. Wash. 1974).
 

 


 
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