Written Deposition Pursuant (Page 11 of 11) in pdf

Written Deposition Pursuant Page 11

20 Pa.C.S. (Current through End of the 2001 Regular Session)

§ 5518. Evidence of incapacity.

To establish incapacity, the petitioner must present testimony, in person or by deposition from

individuals qualified by training and experience in evaluating individuals with incapacities of the

type alleged by the petitioner, which establishes the nature and extent of the alleged incapacities and

disabilities and the person's mental, emotional and physical condition, adaptive behavior and social

skills. The petition must also present evidence regarding the services being utilized to meet essential

requirements for the alleged incapacitated person's physical health and safety, to manage the person's

financial resources or to develop or regain the person's abilities; evidence regarding the types of

assistance required by the person and as to why no less restrictive alternatives would be appropriate;

and evidence regarding the probability that the extent of the person's incapacities may significantly

lessen or change.

§ 5518.1. Cross-examination of witnesses.

Testimony as to the capacity of the alleged incapacitated person shall be subject to cross-examination

by counsel for the alleged incapacitated person.

Written Deposition Pursuant Page 11