Preliminary Decree (Orphans' Court Division) (Page 2 of 2) in pdf

Preliminary Decree (Orphans' Court Division) Page 2

above requirements shall be presented at the beginning of the court hearing.

3. At least twenty (20) days notice of the court hearing together with a copy of the

petition shall be given personally or by certified mail to all persons who are not under any legal

disability and who would be entitled to share in the estate of the alleged incapacitated person if he

died intestate, and to the person or institution providing residential services to the alleged

incapacitated person, in accordance with the provisions of 20 Pa. C.S.A. §5511(a). Notice shall also

be given to the Commonwealth of Pennsylvania, Office of Attorney General, as a possible intestate

heir to the estate of the alleged incapacitated person.

4. Petitioner and/or counsel for the petitioner shall notify the court, in writing, at least

seven (7) days prior to the court hearing if counsel has not been retained by or on behalf of the

alleged incapacitated person in accordance with the provisions of 20 Pa.C.S.A. §5511(a). This

notice shall also contain all pertinent information which would indicate to the court whether or not

counsel should be appointed to represent the interests of the alleged incapacitated person.

5. The alleged incapacitated person shall be present at the court hearing unless it is

established by clear and convincing medical evidence that his physical or mental condition would

be harmed by her presence in court in accordance with the provisions of 20 Pa.C.S.A. §5511(a).

Preliminary Decree (Orphans' Court Division) Page 2