Westmoreland Cnty. C.P. Local Rules of Court Rule WO 14.14

(a) The Final Decree for Permanent/Limited Guardians and the Final Decree for

Emergency Guardians shall be in the following form:

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

ORPHANS' COURT DIVISION

* * *

IN RE: Estate of ______________________________ )

) No. 65_______________

an Incapacitated Person )

* * *

FINAL DECREE

AND NOW, this ________ day of ____________________, 20______, based upon the

record and the evidence received, it is HEREBY ORDERED, ADJUDGED and

DECREED as follows:

1. This Court finds by clear and convincing evidence that

___________________________, is adjudicated a totally incapacitated person. The

Court finds that ______________________ suffers from

______________________________________________________________, a condition or

disability which totally impairs his/her capacity to receive and evaluate

information effectively and to make and communicate decisions

concerning his/her management of financial affairs or to meet essential

requirements for his/her physical health and safety.

2. The Court further finds by clear and convincing evidence that his/her

______________________, ______________________________________, is hereby

appointed Plenary Permanent Guardian of the Person of

______________________. The Guardian of the Person shall file an original

report annually from the date of the Final Order on the social, medical

and other relevant conditions with the Register of Wills office and this

report shall comply with 20 Pa. C.S. Section 5521(C) and Pennsylvania

Orphans’ Court Rule 14.8(a)(3).

3. His/Her _________________________, ______________________________________, is

hereby appointed Plenary Permanent Guardian of the Estate of

______________________. The Guardian of the Estate (shall) (shall not) be

required to post bond in the amount of ___________________ and shall file an

Inventory within 90 days and shall file a report beginning one year from

the date of the appointment of the guardian, and annually thereafter. The

reports must be filed at the Register of Wills office and shall comply with

20 Pa. C.S. Section 5521(C) and Pennsylvania Orphans’ Court Rules

14.8(a)(1) and 14.8(a)(2).

4. Neither the Guardian of the Person nor the Guardian of the Estate shall

have authority to enter a safety deposit box in the name of

_________________________________, individually or jointly, without written

Court authorization.

5. The Guardian of the Person shall have authority and responsibility to

decide where ___________________________________________________ shall live and

how meals, personal care, transportation and recreation will be provided.

The Guardian of the Person shall also have authority to authorize and

consent to medical treatment and surgical procedures necessary for the

well-being of ______________________________________, except those powers and

duties specifically excluded in 20 Pa.C.S. Section 5521(D).

6. The Guardian of the Estate shall have authority and responsibility to

manage and use _________________________________________________'s property

primarily for his/her benefit in accordance with 20 Pa.C.S. Section

5536(A). 20 Pa.C.S. Section 5536(A) authorizes the Guardian of the

Estate to spend income for the aforesaid purposes without the Court's

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written approval; however, the Guardian of the Estate cannot spend

principal assets without written Court approval.

7. All financial institutions, including without limitation, banks, savings and

loans, credit unions, and brokerages, shall grant to the guardian of

___________________________’s estate access to any and all assets, records, and

accounts maintained for the benefit of _____________________________, and the

guardian of ________________________’s estate shall be entitled to transfer,

retitle, withdraw, or otherwise exercise dominion and control over any

and all said assets, records, and accounts. The failure of any financial

institution to honor this Order may lead to contempt proceedings and the

imposition of sanctions.

8. The Guardian of the Person and the Guardian of the Estate shall perform

his/her functions and exercise his/her authority so as to permit the

incapacitated person as much daily activity and as much independence as

circumstances will permit with safety.

9. The aforementioned judicial determinations have taken into

consideration the matters required by 20 Pa.C.S. Section 5512.1. The

Court's findings of fact and conclusions of law have been placed on the

record at the evidentiary hearing.

10. _________________________ is hereby notified of the right to seek

reconsideration of this Order pursuant to Rule 8.2 and the right to appeal

this Order within 30 days from the date of this Order by filing a Notice of

Appeal with the Clerk of the Orphans’ Court. _________________________ may

also petition the court at any time to review, modify, or terminate the

guardianship due to a change in circumstances. ________________________ has

a right to be represented by an attorney to file a motion for

reconsideration, an appeal, or to seek modification or termination of this

guardianship. If the assistance of counsel is needed and

__________________________ cannot afford an attorney, an attorney will be

appointed to represent _________________________ free of charge.

BY THE COURT:

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________________________________________

Judge

ATTEST:

______________________________

Clerk of the Orphans’ Court

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IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY,

PENNSYLVANIA

ORPHANS' COURT DIVISION

* * *

IN RE: Estate of _____________________________ )

) No. 65______________

an Alleged Incapacitated Person )

* * *

FINAL DECREE FOR EMERGENCY GUARDIAN

AND NOW, this _______ day of ________________, 20_____, based upon the record

and the evidence received, it is HEREBY ORDERED, ADJUDGED and DECREED:

1. This Court finds by clear and convincing evidence that

______________________’s ability to receive and evaluate information

effectively is totally impaired because she/he suffers from

____________________________________________________________________.

2. _______________________________'s ability to communicate decisions is totally

impaired because of the aforementioned condition.

3. The alleged incapacitated person is in immediate need of an emergency

guardian of the person and an emergency guardian of the estate.

4. Failure to make these requested appointments of emergency guardians

will result in irreparable harm for reasons set forth on the record.

5. Because (___________________________________ is presently confined in

_______________________________) of the physical and mental condition of

___________________________________________, it would be harmful for her/him to

be present and her/his presence is excused. Her/His _______________,

________________________________, is hereby appointed emergency guardian of

the person. The term of this appointment is 72 hours; however, the term

of this appointment can be extended for an additional 20 days if the

emergency continues beyond the initial 72 hours. (Based upon the

evidence this Court has received, the Court finds that the emergency

condition will continue beyond the initial 72 hours. Consequently, the

authority granted to the emergency guardian of the person is hereby

continued and extended for an additional 20 days beyond the initial 72

hours.)

6. The emergency guardian of the person shall have the authority and

responsibility to decide where ____________________________________________

shall live and how meals, personal care, transportation and recreation

will be provided. The emergency guardian of the person shall also have

authority to authorize and consent to medical treatment and surgical

procedures necessary for the well-being of _______________________________,

except those powers and duties specifically excluded in 20 Pa.C.S. Section

5521(D).

7. ____________________________________ is hereby appointed emergency guardian

of the estate. The term of this appointment is 30 days or when the

emergency condition ceases to exist, whichever is shorter. The

emergency guardian of the estate (shall) (shall not) be required to post

bond in the amount of ____________________. The said emergency guardian of

the estate shall have authority and responsibility to manage and use

____________________________________'s property, primarily for her/his benefit

in accordance with 20 Pa.C.S. Section 5536(A). 20 Pa.C.S. Section 5536(A)

authorizes the emergency guardian of the estate to spend income for the

aforesaid purposes without the Court's written approval; however, the

emergency guardian of the estate cannot spend principal assets without

written Court approval.

8. All financial institutions, including without limitation, banks, savings and

loans, credit unions, and brokerages, shall grant to the guardian of

___________________________’s estate access to any and all assets, records, and

accounts maintained for the benefit of _____________________________, and the

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guardian of ________________________’s estate shall be entitled to transfer,

retitle, withdraw, or otherwise exercise dominion and control over any

and all said assets, records, and accounts. The failure of any financial

institution to honor this Order may lead to contempt proceedings and the

imposition of sanctions.

9. The aforementioned judicial determinations have taken into

consideration the matters required by 20 Pa. C.S. Section 5512.1. The

Court's findings of fact and conclusions of law have been placed on the

record at the evidentiary hearing.

10. _________________________ is hereby notified of the right to seek

reconsideration of this Order pursuant to Rule 8.2 and the right to appeal

this Order within 30 days from the date of this Order by filing a Notice of

Appeal with the Clerk of the Orphans’ Court. _________________________ may

also petition the court at any time to review, modify, or terminate the

guardianship due to a change in circumstances. ________________________ has

a right to be represented by an attorney to file a motion for

reconsideration, an appeal, or to seek modification or termination of this

guardianship. If the assistance of counsel is needed and

__________________________ cannot afford an attorney, an attorney will be

appointed to represent _________________________ free of charge.

BY THE COURT:

________________________________________

Judge

ATTEST:

____________________________

Clerk of the Orphans’ Court

New Rule Adopted August 5, 2019.

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