Westmoreland Cnty. C.P. Local Rules of Court RULE WO 14.1(c)

(i) A Petition to Invade Principal Assets shall be presented to the court in all situations

where the guardian intends to invade the principal assets of an incapacitated person. Such

Petition to Invade Principal Assets shall contain, at minimum, the following

averments of fact:

(1) Name, age and residence of the incapacitated person.

(2) A reference to the original date of the guardian’s appointment.

(3) Whether the guardian is bonded and, if so, for what amount.

(4) An itemized listing of the assets of the incapacitated person.

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(5) An itemized listing of the income and expenses of the incapacitated person.

(6) A listing of the names and addresses of all creditors, and the amount due

each.

(7) The purpose for the proposed invasion of principal.

(8) Whether any prior Petitions to Invade Principal Assets have been presented.

(9) In those cases where the guardianship estate is expected to be insolvent,

that the creditors of the incapacitated person have been notified of the

presentation of the Petition to Invade Principal Assets.

(10) The maximum amount estimated to be needed per month or per year, and

the time period during which such invasion will be necessary (e.g., $500.00

per month for the period January 1, 2019 through December 31, 2019).

(ii) A Petition for Compromise of Claim shall be presented to the court in all situations

where the guardian proposes to compromise a claim by or against an incapacitated person.

Such Petition for Compromise of Claim shall contain, at minimum, the following

averments of fact:

(1) A reference to the original date of the guardian’s appointment.

(2) Whether the guardian is bonded and, if so, for what amount.

(3) An itemized listing of the assets of the incapacitated person.

(4) An itemized listing of the income of the incapacitated person.

(5) A listing of the names and addresses of all creditors, and the amount due

each.

(6) A concise description of the claim which is proposed to be compromised.

(7) Whether any prior Petitions for Compromise of Claim have been presented.

(8) That the next-of-kin of the incapacitated person have been notified of the

presentation of the Petition for Compromise of Claim.

(9) In those cases where the guardianship estate is expected to be insolvent,

that the

creditors of the incapacitated person have been notified of the presentation

of the Petition for Compromise of Claim.

CROSS REFERENCES: For subparagraph (i), see 20 Pa. C.S. § 5536(a), which permits the

expenditure of income for the care and maintenance of an

incapacitated person without the necessity of court approval, but

which requires court authorization for the expenditure of principal.

For subparagraph (ii), see 20 Pa. C.S. § 5521(b), relating to the

guardian’s powers, duties and liabilities.

See Pa. R.C.P. No. 2051, et seq., for the settlement procedures

applicable to actions commenced in the civil division.

EXPLANATORY COMMENTS: The time period for which an invasion of principal may be

requested may generally not exceed 1 year.

Under 20 Pa. C.S. § 5536(a), court approval is required to use

income for anyone other than the minor or incapacitated

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person. In such cases, a petition in essentially the same form

as provided by this rule should be filed.

Subparagraph (a) adopted February 1, 1996, effective May 1, 1996. Rule WO503 Renumbered 2016, effective

2016. Rescinded and new rule adopted, 2019. Subparagraph (b) adopted February 1, 1996, effective

May 1, 1996. Rule WO505 renumbered 2016, effective 2016.