Westmoreland Cnty. C.P. Local Rules of Court RULE WO 16.11

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(a) Whenever a person seeks judicial consent to an abortion on behalf of an alleged

incapacitated person, a petition for guardianship of the pregnant woman shall be

filed either before an application is filed or simultaneously therewith.

(b) A petition for guardianship or consolidated petition for guardianship and

application, filed on behalf of an incapacitated pregnant woman, by a petitioner

seeking authority to consent to an abortion on behalf of the pregnant woman, shall

maintain the anonymity of the pregnant woman, and confidentiality shall be

maintained as set forth in Rule WO16.2. If a petition for guardianship alleges that

the alleged incapacitated person is in need of a guardian for the purpose of

authorizing the guardian to consent to an abortion that would be in the best

interests of the incapacitated person, the petition for guardianship shall contain all

of the information required by Chapter 55 of the Probate, Estates & Fiduciaries Code

and by the abortion sections of these rules.

(c) The court will conduct proceedings to determine the capacity of the pregnant

woman in the same manner as provided for in Chapter 55 of the Probate, Estates &

Fiduciaries Code, and will render a decision on the incapacity of the pregnant

woman before proceeding to rule on the application.

(d) The standard for granting authority to a guardian to consent to an abortion shall be

whether or not the procedure would be in the best interests of the incapacitated

person.

(e) The statutory requirement that a decision by the court upon an application shall be

rendered within three (3) business days of filing of the application shall apply to

filing of the application and not to a prerequisite Petition for Guardianship, unless

the two (2) petitions are consolidated.

CROSS REFERENCES: See Pa. O.C. Rule 16.1.

Pursuant to the Abortion Control Act, 18 Pa.C.S. § 3206(f)(4),

decision upon an Application must be rendered within three (3)

business days of the filing of the Application.

In regard to paragraph (d), the rule is in accordance with the

Abortion Control Act, 18 Pa.C.S. § 3206(d).

Adopted February 1, 1996, effective May 1, 1996. Rule WO203 renumbered April 6, 2017, effective May 29,

2017.