Westmoreland Cnty. C.P. Orphans' Rules 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 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:

________________________________________

Judge

ATTEST:

______________________________

Clerk of the Orphans’ Court

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 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.

Rule wo15.1. Professional TESTIMONY – ADOPTIONS

Unless objections are filed at least ten (10) days prior, testimony in termination of parental rights proceedings of experts including physicians, psychologists and other medical professionals may be taken by two-way advanced communication technology, including, but not limited to, technology including video conferencing and teleconferencing.

Adopted September 17, 2009, effective November 2, 2009. Rule WO305 renumbered April 6, 2017, effective May, 29 2017. Rule WO15.1 amended, effective August 22, 2022.

RULE WO15.7 voluntary relinquishment to agency

A petition to relinquish parental rights and duties with respect to a child who has been in the care of an agency, which alleges that one of the natural parents is deceased shall have attached to it the death certificate of the deceased parent, or if no death certificate or certification of registration of death can be obtained, a statement of the reason therefor and an allegation of the efforts made to obtain the certificate with a request that the court establish a date and place of death at the adoption hearing on the basis of the evidence presented.

Rescinded September 17, 2009; New Rule WO301 adopted September 17, 2009, effective November 2, 2009. Rule WO301(b) rescinded August 27, 2013, effective October 14, 2013. Rule WO301 renumbered April 6, 2017, effective May 29, 2017. Rule WO15.7 amended, effective August 22, 2022.

RULE WO15.8 voluntary relinquishment to adult intending to adopt chIld

A petition to relinquish parental rights and duties with respect to a child who has been in the exclusive care of Prospective Adoptive Parents, which alleges that one of the natural parents is deceased shall have attached to it the death certificate of the deceased parent, or if no death certificate or certification of registration of death can be obtained, a statement of the reason therefor and an allegation of the efforts made to obtain the certificate with a request that the court establish a date and place of death at the adoption hearing on the basis of the evidence presented.

Rescinded September 17, 2009; New Rule WO302 adopted September 17, 2009, effective November 2, 2009. Rule WO302(b) rescinded in part August 27, 2013, effective October 14, 2013. Rule WO302 renumbered April 6, 2017, effective May 29, 2017. Rule WO15.8 amended effective August 22, 2022.