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PA Bulletin, Doc. No. 98-1010

THE COURTS

NORTHAMPTON COUNTY

Orphans' Court Rule N14.2.1--Estates of Incapacitated Persons--Petition and Hearing

[28 Pa.B. 2922]

Order of Court

   And Now, this 4th day of June, 1998, Northampton County Orphans' Court Rule N14.2.1--Estates of Incapacitated Persons--Petition and Hearing--is hereby amended as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   Seven (7) certified copies of the within rules shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Orphans' Court Rules Committee. One (1) copy of these rules shall be kept available in the Office of the Clerk of Courts. A copy is directed to be published in the Northampton County Reporter.

By the Court

ROBERT A. FREEDBERG,   
President Judge

Rule 14.  Estates of Incapacitated Persons.

Rule N14.2.1.  Petition and Hearing.

   (a)  A petition to adjudicate a person incapacitated shall allege the existence and location of all testamentary writings by the alleged incapacitated person of which the petitioner has knowledge.

   (b)  Within ten (10) days of filing of the petition to adjudicate a person incapacitated, counsel for petitioner shall present to the Motions Judge a written notification to the Court, indicating whether counsel has or has not been retained by or on behalf of the alleged incapacitated person. If independent counsel has not been retained, such counsel shall be appointed by the Court. Counsel for petitioner shall present a proposed order for this purpose.

   (c)  At the hearing to establish incapacity, petitioner shall present testimony from individuals qualified, pursuant to statutory requirements at PEF Code § 5518, in person, or, in uncontested cases, such testimony may be presented by deposition or by telephone by use of equipment which allows all persons present at the hearing to hear the testimony simultaneously.

   (d)  The petition shall contain the following information:

Last Name ______ First Name ______
Middle Name ______ Jr., etc. _____
Maiden Name ______ Aliases ______
Social Security No. ______  Sex __ Race _____
Height ______ Weight ______ Hair Color ______ Eye Color ______  Address _________________

   Comment: Section (d) has been added in order to permit the Court to comply with the requirements of 18 Pa.C.S.A. § 6111.1(f).

[Pa.B. Doc. No. 98-1010. Filed for public inspection June 26, 1998, 9:00 a.m.]


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