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PA Bulletin, Doc. No. 24-580




Adoption of 39th Jud.Dist.O.C. Rule 14.8.1. and Rescission of Other Orphans' Court Rules; Administrative Order re: AD: 20-2024

[54 Pa.B. 2221]
[Saturday, April 27, 2024]


And Now, this 17th day of April, 2024, the Court having received the Orphans' Court Rules Committee's letter dated April 5, 2024 and follow up electronic correspondence dated April 9, 2024 indicating the following local rule of Orphans' Court is not inconsistent with statewide procedure, both the Franklin and Fulton County Branches of the 39th Judicial District hereby adopt 39th Jud.Dist.O.C. Rule 14.8.1, effective thirty (30) days after the publication of same in the Pennsylvania Bulletin.

 Additionally the Court hereby rescinds the following local Orphans' Court rules:

 Rule 39-2.6 Time for Filing Accounts,

 Rule 39-2.7 Time for Filing Objections,

 Rule 39-14.2 Adjudication of Incompetency,

 Rule 39-15.1 Practice and Procedure,

 Rule 39-15.5.4 Involuntary Termination,

 Rule 39-15.5.5 Adoption,

 Rule 39-15.5.8 Confirmation of Consents,

 Rule 39-15.5.9 Compliance with Act 101 of 2010,

 Rule 39-16 Forms

 Accordingly, Mr. Mark Singer, District Court Administrator for the 39th Judicial District, is ordered and directed to do the following:

 1. Email one (1) copy of this Order and the following rule to the Administrative Office of Pennsylvania Courts (AOPC) at

 2. Mail one (1) paper copy of this Order and the following rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin to the following address: Pa. Code and Bulletin, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg PA 17120.

 3. Email one (1) copy of this Order and the following rule in Microsoft Word format only to the Legislative Bureau at for publication in the Pennsylvania Bulletin.

 4. File one (1) copy of this Order and the following rule with the Orphans' Court Clerks in Franklin and Fulton Counties, and mail one (1) copy to the Franklin County Law Library and the Fulton County Law Library for public inspection and copying.

 5. Publish a copy of this Order and the following rule on the Franklin County and Fulton County Court websites.

 6. Incorporate and publish the following rule into the 39th Judicial District's set of local rules online not later than Monday, June 3, 2024.

 7. Remove the previously listed, rescinded Orphans' Court Rules from the Franklin County and Fulton County Court websites.

By the Court

President Judge

39th Jud.Dist.O.C. Rule 14.8.1. Guardianship Acknowledgment Form.

 At the time of the entry of the decree appointing the guardian, the court-appointed guardian shall initial, sign, and file the Guardian Acknowledgment of Duties and Liabilities Form, as follows:

In Re::
:Orphans' Court
___________________________:No.: _________________


 I, the undersigned guardian, court-appointed on _________________ (date), acknowledge that as guardian I have broad, but not unlimited powers, duties, and liabilities as set forth generally in 20 Pa.C.S.A. § 5501 et seq. and more specifically acknowledge my duties and liabilities under 20 Pa.C.S.A. § 5521 as follows:

As Guardian of the Person, I shall:

 Assert the rights and best interests of my ward. (20 Pa.C.S.A. § 5521(a)) _________________

 Respect to the greatest possible extent my ward's expressed wishes and preferences. (20 Pa.C.S.A. § 5521(a)) ______

 Where appropriate, develop a plan of supportive services to meet my ward's needs. (20 Pa.C.S.A. § 5521(a)) ______

 Encourage my ward to participate in all decisions which affect my ward, to act on his or her own behalf whenever he or she is able to do so, and to develop or regain, to the maximum extent possible, capacity to manage his or her personal affairs. (20 Pa.C.S.A. § 5521(a)) _________________

As Guardian of the Estate, I shall:

 Take possession of, maintain, and administer each asset of my ward, and make all reasonable expenditures and efforts to preserve the estate. _________________

 Within three months, file an inventory and appraisement of my ward's real and personal property, and a statement of any property that I expect to acquire thereafter. (20 Pa.C.S.A. § 5142). (Electronically through the Guardianship Tracking System, or in paper form through the Register of Wills office, along with the appropriate filing fee.) ______

 Comply with the provisions outlined in 20 Pa.C.S.A. § 5521(b). _________________

 In addition to the above duties, as Guardian (either of the Person or the Estate), I shall:

 Exercise my powers for the benefit of my ward. _________________

 Keep my ward's assets separate from my assets. _________________

 Exercise reasonable caution and prudence. _________________

 Keep a full and accurate record of all actions, receipts, and disbursements on behalf of my ward. ______

 File a report at least once within the first 12 months of appointment and at least annually thereafter electronically through the Guardianship Tracking System or on forms available in the Clerk of the Orphans' Court office attesting to the information required by 20 Pa.C.S.A. § 5521(c). (Filing fee will be charged for paper filings.)

 File a final report within 60 days of my ward's death or adjudication of capacity. (20 Pa.C.S.A. § 5521(c)(2)) __________

 I acknowledge I have been made aware of the Guardianship Tracking System (GTS).__________

 I acknowledge if I, as an individual, am seeking guardianship of three or more incapacitated persons I must be certified as provided in 20 Pa.C.S.A. § 5511(f)(2)(i)-(ii) and provide proof of the certification to the Court prior to my third guardianship appointment consistent with 20 Pa.C.S.A. § 5511(f)(2).

 I understand that such certification may be waived through the filing of a petition pursuant to 20 Pa.C.S.A. § 5511(f)(3). _________________

 I understand that consistent with 20 Pa.C.S.A. § 5512.2(a) a review hearing may be held if the incapacitated person, any interested party, or I petition the court for a hearing for reason of a significant change in my ward's capacity, a change in the need for guardianship services, or my failure to perform my duties in accordance with the law or failure to act in the best interest of my ward.

 As Guardian of the Person and/or the Estate, I understand and acknowledge that any breach of my duty to my ward, such as but not limited to asset misappropriation, may result in civil and even criminal liability. __________

 I understand and acknowledge that to the extent my guardianship of my ward is limited, I have only those powers and authorities delineated in the Court's Appointment Order and my ward shall retain all other legal rights consistent with 20 Pa.C.S.A. § 5512.1(g).

 I further acknowledge this fully executed Guardian Acknowledgement Form shall be filed with the Orphans' Court at the time of appointment. _________________

 I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities.

Date _____________________________
Signature of Guardian
Name of Guardian (type or print)
City, State, Zip
Office Phone Number
Cell Phone Number
Email Address
[Pa.B. Doc. No. 24-580. Filed for public inspection April 26, 2024, 9:00 a.m.]

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