Rule 14.12. Transfer of Guardianship of the Estate to Another State.
(a) Petition. A petition filed by a guardian appointed in Pennsylvania to transfer the guardianship of the estate must plead sufficient facts to demonstrate:
(1) the incapacitated person is:
(i) physically present in the other state;
(ii) reasonably expected to move permanently to the other state; or
(iii) significantly connected to the other state.
(2) adequate arrangements will be made for the management of the incapacitated person’s estate;
(3) the court to which the guardianship will be transferred; and
(4) the guardianship will likely be accepted by the other state’s court.
(b) Service. The guardian shall serve a copy of the petition in accordance with Rule 4.3 upon the incapacitated person and those entitled to service pursuant to Rule 14.2(f)(2).
(c) Objections. Any person entitled to service of the petition may file an answer with the clerk raising objections alleging that the transfer would be contrary to the interests of the incapacitated person.
(d) Hearing. If needed, the court shall conduct an evidentiary hearing on the petition.
(e) Orders. Upon finding that the allegations contained in the petition have been substantiated and the objections, if any, have not been substantiated, the court shall:
(1) issue an order provisionally granting the petition to transfer the guardianship and directing the guardian to petition for acceptance of the guardianship in the other state; and
(2) issue a final order confirming the transfer and relinquishing jurisdiction upon receipt of the provisional order from the other state’s court accepting the transfer and the filing of the final report of the guardian.
Explanatory Comment See Subchapter C of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, 20 Pa.C.S. § § 5921—5922. For factors used to determine the significance of the incapacitated person’s connection with the other state, see 20 Pa.C.S. § 5911(b). This petition may also include a request to transfer the guardianship of the person to another state as provided in Rule 14.11. The likelihood that the guardianship may be accepted by the other state’s court may be established by evidence of the state having procedures similar to Rule 14.13.
Source The provisions of this Rule 14.12 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524.
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