1. (a) Order Adjudicating Incapacity and Appointing Guardian.

   1. (1) An order adjudicating incapacity and appointing a guardian shall address:

      1. (i) the type of guardianship being ordered and any limits, if applicable;
      2. (ii) the continued effectiveness of any previously executed powers of attorney or health care powers of attorney and the authority of such agent to act under the document;
      3. (iii) the necessity of filing reports pursuant to Pa.R.O.C.P. 14.8(a);
      4. (iv) the person or persons entitled to receive notice of the filing of such reports, pursuant to Pa.R.O.C.P. 14.8(b); and
      5. (v) the continued scope of representation of court-appointed counsel.

   2. (2) An order adjudicating incapacity and appointing a guardian shall contain a provision substantially in the following form:

      [Incapacitated person] is hereby notified of the right to seek reconsideration of this Order pursuant to Pa.R.O.C.P. 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. [Incapacitated person] may also petition the court at any time to review, modify, or terminate the guardianship due to a change in circumstances. [Incapacitated person] has a right to be represented by counsel to file a motion for reconsideration, an appeal, or to seek modification or termination of this guardianship. If he or she is unrepresented, the court will appoint counsel to represent [incapacitated person]. The court may order that the representation is free of charge if it is determined that [incapacitated person] cannot afford to pay for counsel.

   3. (3) Scheduled Review Hearing. If the court finds that evidence presented during the guardianship proceeding indicates that the circumstances of the incapacitated person’s incapacity may change, the order shall include the date for a review hearing no later than one year from the date of the order establishing the guardianship.

2. (b) Order Adjudicating Incapacity and Appointing Guardian of Estate.

   1. (1) In addition to the requirements set forth in subdivision (a)(1), an order adjudicating incapacity and appointing a guardian of the estate shall address:

      1. (i) whether a bond is required and when the bond is to be filed; and
      2. (ii) whether the guardian can spend principal without prior court approval.

   2. (2) In addition to the requirement set forth in subdivision (a)(2), an order adjudicating incapacity and appointing a guardian of the estate shall contain a provision reflecting the authority of the guardian:

      1. (i) Plenary Guardian. An order appointing a plenary guardian shall contain a provision in substantially the following form:

         All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages, shall grant to the guardian of [incapacitated person]’s estate access to any and all assets, records, and accounts maintained for the benefit of [incapacitated person], and the guardian of [incapacitated person]’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.

      2. (ii) Limited Guardian. An order appointing a limited guardian shall specify the portion of assets or income over which the guardian of the estate is assigned powers and duties.

3. (c) Certificate of Guardianship of Estate.

   1. (1) Certificate of Plenary Guardianship of Estate. Upon the request of the plenary guardian of the estate, the clerk shall issue a certificate substantially in the following form:

      I CERTIFY that on

      , the Court adjudged an incapacitated person and appointed as plenary guardian of the estate. At the time of this certification, there is no record of modification of the appointment order on the docket.

      FURTHER, I CERTIFY the Court, inter alia, ordered that:

      All financial institutions, including without limitation, banks, savings and loans, credit unions, and brokerages shall grant to the guardian of [incapacitated person]’s estate access to any and all assets, records, and accounts maintained for the benefit of [incapacitated person], and the guardian of [incapacitated person]’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.

      Witness my hand and seal of said Court this

      day of , .

      [seal]

      CLERK OF ORPHANS’ COURT

   2. (2) Certificate of Limited Guardianship of Estate. Upon the request of the limited guardian of the estate, the clerk shall issue a certificate substantially in the following form:

      I CERTIFY that on

      , the Court adjudged an incapacitated person and appointed as limited guardian of the estate. At the time of this certification, there is no record of modification of the appointment order on the docket.

      This is a limited certification of guardianship. The order appointing the limited guardian shall determine the extent of the guardian’s authority.

      Witness my hand and seal of said Court this

      day of , .

      [seal]

      CLERK OF ORPHANS’ COURT

4. (d) Order Adjudicating Incapacity and Denying Appointment of a Guardian in Whole or in Part. An order denying the appointment of a guardian in whole or in part shall identify the less restrictive alternatives that are available and sufficient to enable the alleged incapacitated person to manage personal financial resources or to meet essential requirements of personal physical health and safety.

   Comment:

   The requirements of subdivision (a) are intended to apply to all guardianship orders.

   See 20 Pa.C.S. § 5512.2(a) and Pa.R.O.C.P. 14.9 pertaining to grounds and procedures for scheduled review hearings, respectively.

   The items addressed and contained in the order, as set forth in subdivisions (a) and (b), are not exhaustive. The court may fashion a guardianship of a person order to inform health care providers of the guardian’s authority, including the authority to give informed consent to proposed treatment, to share information, and to make decisions for the incapacitated person. See also In re DLH, 2 A.3d 505 (Pa. 2010) (discussing whether guardian has authority concerning life-preserving care); 20 Pa.C.S. § 5460(a) (requiring the court to determine the extent of agent’s authority under a health care power of attorney); 20 Pa.C.S. § 5604(c)(3) (requiring the court to determine the extent of agent’s authority under a durable power of attorney).

   The incapacitated person and any substitute decision maker may be assisted by the information in subdivision (d) to communicate instructions to third parties. See 20 Pa.C.S. § 5512.1(a)(6)(iv).

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Source

The provisions of this Rule 14.7 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396092) and (418495) to (418496).