Erie Cnty. C.P. OrphansCourtRules Rule 14.2

the Person or Estate of an Incapacitated Person.

(a) Petition Contents. In addition to requirements of Pa.R.O.C.P. 14.2(a), the petition

shall state the following:

(i) The name, address and telephone number of a contact person or office for use

by the Orphan’s Court investigator to schedule an appointment with the alleged incapacitated

person.

(ii) Whether a language interpreter service is required to communicate with the

alleged incapacitated person, and what language the alleged incapacitated person understands.

(d) Emergency Guardian. A petition for emergency guardian may be filed separately

or joined with a petition for permanent guardianship.

(i) If a petition for appointment of emergency guardian is joined with a petition

for permanent guardian, the petition shall also be presented to Court Administration following

the procedure for petition practice under Local Rule 3.5(d). The petitioner shall provide an

additional copy of the petition and signed Scheduling Order to the Clerk for service upon the

alleged incapacitated person by the Orphans’ Court investigator.

(ii) The Proposed Order for emergency guardianship shall state, or designate

blank space for stating, the specific date the order will expire.

(iii) If the need for emergency guardianship continues beyond the 72 hour time

limitation set forth at PEF Code Section 5513, the petitioner may present a motion to extend the

emergency guardianship following the procedure for Motion Court under Erie O.C.R. 3.0. The

proposed order extending emergency guardianship shall state the date it expires, which shall be

no later than 20 days from the date of expiration of the initial emergency order for guardianship

of the person, or 30 days from the date of expiration of the initial emergency order for

guardianship of the estate, unless a permanent guardianship proceeding has been initiated

pursuant to section PEF Code Section 5511.

(f) Citation with Notice.

(i) Erie County employs the services of an Orphans’ Court investigator to

investigate and explain petition content to alleged incapacitated persons. The Orphans’ Court

investigator will serve the citation with notice, petition, and signed Scheduling Order on alleged

incapacitated persons located within Erie County in satisfaction of the requirements of

Pa.R.O.C.P. 14.2(f)(1).

(1) The Orphans’ Court investigator shall promptly notify the court if

their investigation reveals facts or circumstances that may necessitate appointment of counsel for

the alleged incapacitated person under Pa.R.O.C.P. 14.4(c).

(2) If, in the discretion of the Orphans’ Court investigator, a disinterested

language interpreter is required to facilitate service on an alleged incapacitated person, they may

utilize InterpreTalk, or other court-designated language assistance services, or notify the court if

such service is unavailable or inadequate under the circumstances.

(ii) Proof of service under Pa.R.O.C.P. 14.2(f)(2) shall state with specificity the

names and addresses of all persons and entities served and the manner in which each was served.