SB 924 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for guardianship for medically disabled adult children.

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1310 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1337924 THE2019 GENERALINTRODUCED ASSEMBLYBY OFFARNESE, PENNSYLVANIABAKER, SENATEFONTANA, BILLSCHWANK, SessionBREWSTER, COSTA, YUDICHAK, BROWNE, PITTMAN, MARTIN AND AUMENT, OCTOBER 24, 2019 REFERRED TO JUDICIARY, OCTOBER 24, 2019 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of No.the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for guardianship for medically disabled adult children.

924 2019 INTRODUCED BY FARNESE, BAKER, FONTANA, SCHWANK, BREWSTER, COSTA, YUDICHAK, BROWNE, PITTMAN, MARTIN, AUMENT AND BARTOLOTTA, OCTOBER 24, 2019 SENATOR BAKER, JUDICIARY, AS AMENDED, OCTOBER 29, 2019 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for guardianship for medically disabled adult children.

(a) Procedure.--The court, no less than 20 days after <-- receipt of the petition, affidavit of medical disability, affidavit of accountability by the proposed guardian and notice to the individual alleged to be a medically disabled adult child and other party under this subchapter, may find by a clear and <-- convincing standard EVIDENCE an individual to be a medically <-- disabled adult child and appoint a guardian or guardians of the medically disabled adult's person or estate.

THE(b) COURTPetitioner.--The MAYpetitioner MAKEmay <--be THEany FINDINGindividual NOwho LESSthe THANcourt 20has DAYSdetermined AFTERis RECEIPTproviding OF:at least 50% financial responsibility or 50% physical custody for the medically 20190SB0924PN1310 - 2 - disabled adult child.

(1) THE PETITION;

(2) THE AFFIDAVIT OF MEDICAL DISABILITY;

20190SB0924PN1337 - 2 - (3) THE AFFIDAVIT OF ACCOUNTABILITY BY THE PROPOSED GUARDIAN;

(4) THE NOTICE TO THE INDIVIDUAL ALLEGED TO BE A MEDICALLY DISABLED ADULT CHILD;

AND (5) ANY OTHER NOTICE REQUIRED BY THIS SUBCHAPTER TO BE SENT TO A PARTY.

(b) Petitioner.--The petitioner may be any individual who the court has determined is providing at least 50% financial responsibility or 50% physical custody for the medically disabled adult child.

20190SB0924PN1337 - 3 - (9) A description of the functional limitations and physical and mental condition of the medically disabled adult child.

(1) Written notice of the petition shall be given in large type and in simple language to the alleged medically 20190SB0924PN1310 - 3 - disabled adult child.

(ii) The notice shall include an explanation of each rightright, UNDER THIS SUBCHAPTER, including the right to <-- request the appointment of counsel and to have counsel appointed, if the court deems it appropriate, and the right to have counsel paid for if it cannot be afforded.

(iii) The Supreme Court of Pennsylvania shall establish a uniform citation for the purposepurpose. FORM FOR THE <-- NOTICE.

(2) Written notice of the petition shall be made by 20190SB0924PN1337 - 4 - personal service to the following, except if the party is the petitioner, no less than 20 days in advance of the petition being granted:

(iv) A person who provides at least 50% of the 20190SB0924PN1310 - 4 - physical or financial support for the alleged medically disabled adult child.

(e) Guardian.--The court may ONLY appoint as guardian UNDER <-- THIS SUBCHAPTER any person who is providing for at least 50% of the physical or financial support of the medically disabled adult child.

(f) Dismissal DENIAL of petition.--The court may dismiss <-- DENY a proceeding PETITION if the court determines that the <-- proceeding PETITION has not been instituted to aid or benefit <-- the medically disabled adult child or if the petition is incomplete or fails to provide sufficient facts to proceed.

A dismissal DENIAL shall not impact the ability of petitioner to <-- 20190SB0924PN1337 - 5 - file a petition under any other subchapter.

Determination of medical disability and appointment of 20190SB0924PN1310 - 5 - guardian.

(4) The type of guardian, limited or plenary, individual <-- needed REQUIRED, based on the nature of a condition or <-- 20190SB0924PN1337 - 6 - disability of the medically disabled adult child and the medically disabled adult child's capacity to make and communicate decisions.

(c) Limited guardian of medically disabled adult child.--On a finding that there is clear and convincing evidence of the need for guardianship services after review of the petition and supporting evidence or after a hearing, the court shall enter an order appointing a limited guardian of the medically disabled adult child with powers consistent with the court's findings of 20190SB0924PN1310 - 6 - limitations, which may include:

(d) Plenary guardian of the medically disabled adult child.--The court may appoint a plenary guardian of the medically disabled adult child only upon a finding after review of the petition and supporting evidence or a hearing that there is clear and convincing evidence that the medically disabled 20190SB0924PN1337 - 7 - adult child is totally incapacitated and in need of plenary guardianship services.

(G)20190SB0924PN1310 DURATION- OF7 GUARDIANSHIP.--THE- COURT§ SHALL5564. ESTABLISH THE <-- DURATION OF THE LIMITED OR PLENARY GUARDIANSHIP FOR A TIME NOT TO EXCEED FIVE YEARS.

AFTER THE DURATION, THE GUARDIANSHIP MUST BE RENEWED BY AFFIDAVIT OR REVIEW HEARING, AS DETERMINED BY THE COURT.

§ 5564.

(a) Review by affidavit.--If there has been no change in the <-- capacity of the medically disabled adult child, the THE court <-- may require an updated affidavit of medical disability in lieu of a hearing if no change to the guardianship is sought.

The court shall conduct a review hearing promptly if the medically disabled adult child, guardian or an interested party petitions the court for a hearing for reason of a significant change in the medically disabled adult child's capacity, a change in the need for guardianship services or the guardian's failure to perform the 20190SB0924PN1337 - 8 - guardian's duties in accordance with the law or to act in the best interest of the medically disabled adult child.

The court may dismiss DENY a petition for review hearing if the court <-- determines that the petition is frivolous.

20190SB0924PN1310 - 8 - The court shall annually file with the Administrative Office of Pennsylvania Courts on forms furnished by the office a statistical and descriptive report to assist in evaluating the operation and costs of the guardianship system.

If appropriate and to meet the needs of the medically disabled adult child, the guardian shall ensure and participate in the development of a plan of supportive services which shall include an explanation 20190SB0924PN1337 - 9 - of how services may be obtained.

(c) Powers and duties not granted to guardian.--The court may not grant to a guardian powers controlled by other statute, 20190SB0924PN1310 - 9 - including the power:

This section shall not impair the interest in real estate acquired by a bona fide grantee of, or a bona fide holder of a lien on, real estate 20190SB0924PN1337 - 10 - in a county other than that in which the decree establishing limited capacity is entered, unless the decree or a duplicate original or certified copy thereof is recorded in the office of the recorder of deeds in the county in which the real estate lies before the recording or entering of the instrument or lien under which the grantee or lienholder claims.

20190SB0924PN1310 - 10 - PETITION FOR ADJUDICATION AS MEDICALLY DISABLED ADULT CHILD AND APPOINTMENT OF GUARDIAN This petition is filed to request an adjudication of a medically disabled adult child and the appointment of a guardian for an alleged medically disabled adult child under 20 Pa.C.S.

20190SB0924PN1337 - 11 - Relationship:

(3) The names and addresses of each parent or guardian of the alleged medically disabled adult child if different from 20190SB0924PN1310 - 11 - petitioner.

20190SB0924PN1337 - 12 - Address:

20190SB0924PN1310 - 12 - An affidavit of the attending physician confirming the diagnosis and the resulting disability is attached to this petition.