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.

(c) Petition contents.--The petition, which shall be in plain language, shall include:

(1) The name, age, marital status, residence and post office address of the medically disabled adult child.

(2) The names and addresses of parents or guardians of the medically disabled adult child if they are not the petitioner.

(3) The name and address of the spouse of the medically disabled adult child, if any.

(4) The name and address of the person or institution providing residential services to the medically disabled adult child.

(5) The names and addresses of the medically disabled adult child's service providers, including treating physician, home care service and rehabilitative caregiver.

(6) The name and address of the individual or entity whom the petitioner asks to be appointed guardian.

(7) An averment that the proposed guardian has no interest adverse to the medically disabled adult child.

(8) The reasons why guardianship is sought.

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

(10) The specific areas of incapacity over which it is requested that the guardian be assigned powers.

(11) The qualifications of the proposed guardian.

(d) Notice.--The following apply:

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

The following apply:

(i) The notice shall indicate the purpose and seriousness of the proceeding and the rights which can be lost as a result of the proceeding.

(ii) The notice shall include an explanation of each right 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 purpose FORM FOR THE <-- NOTICE.

(iv) A copy of the petition shall be attached.

(v) Personal service shall be made on the medically disabled adult child, and the contents and terms of the petition shall be explained to the maximum extent possible in language and terms the individual is most likely to understand.

(vi) Service shall be no less than 20 days in advance of the petition being granted.

(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:

(i) Biological parents of the alleged medically disabled adult child.

(ii) Guardians of the alleged medically disabled adult child, if any.

(iii) Spouse of the alleged medically disabled adult child, if any.

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

(v) An entity providing residential services for a fee to 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.

The court shall not appoint an individual or entity providing residential services for a fee to the medically disabled adult child or any other person whose interests conflict with those of the medically disabled adult child.

A family relationship to an individual shall not, by itself, be considered as an interest adverse to 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.

(g) Grant of petition.--If, upon review of the petition and supporting evidence, the court finds that there is clear and convincing evidence of the need for guardianship services, the court may grant the petition for limited or plenary guardianship without a hearing.

If the alleged medically disabled adult child or any other party provided notice under this subchapter objects to the petition, a hearing shall be scheduled to permit those parties to present evidence in support of the objection before guardianship is granted.

§ 5563.

Determination of medical disability and appointment of guardian.

(a) Determination of medical disability.--The petitioner shall provide the court evidence of medical disability which shall include the following:

(1) An affidavit from the treating physician, including a description of the medical condition or disability that impairs the medically disabled adult child's capacity to make and communicate decisions.

(2) An affidavit from the treating physician or other qualified professional who has been treating the medically disabled adult child explaining the extent of the medically disabled adult child's capacity to make and communicate decisions.

(3) A statement from the petitioner of the need for guardianship services, including reasonable limitations to encourage a successful transition to adulthood and independence.

(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.

(5) The requested duration of the guardianship.

(b) Limited guardianship.--The court shall prefer limited guardianship.

(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 limitations, which may include:

(1) General care, maintenance and custody of the medically disabled adult child.

(2) Designating the place for the medically disabled adult child to live.

(3) Ensuring that the medically disabled adult child receives training, education, medical and psychological services and social and vocational opportunities, as appropriate.

(4) Assisting the medically disabled adult child in the development of maximum self-reliance and independence.

(5) Providing required consents or approvals on behalf of the medically disabled adult child.

(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.

(e) Legal rights retained.--If a limited guardian is appointed, the medically disabled adult child shall retain all legal rights except in the areas designated by court order as areas over which the limited guardian has power.

(f) Information as to rights.--At the conclusion of a proceeding in which a medically disabled adult child has been assigned a guardian, the court shall ensure that the medically disabled adult child is informed of the medically disabled adult child's right to appeal and to petition to modify or terminate the guardianship.

(G) DURATION OF GUARDIANSHIP.--THE COURT SHALL 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.

Review of guardianship.

(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.

(b) Review hearing.--The court may set a date for a review hearing in the court's order establishing the guardianship or hold a review hearing at any time.

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.

(c) To fill vacancy.--The court, after notice to parties in interest as the court shall direct, may, without a hearing, appoint a succeeding guardian to fill a vacancy in the office of guardian or may appoint a coguardian of the medically disabled adult child.

If the vacating guardian was a parent who is now deceased, a testamentary nominee of the parent shall be given preference by the court.

(d) Burden of proof and rights.--The medically disabled adult child shall have all of the rights enumerated under this chapter.

Except when the hearing is held to appoint a successor guardian, the burden of proof, by clear and convincing evidence, shall be on the party advocating modification of guardianship.

§ 5565.

Annual report.

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.

§ 5566.

Powers, duties and liabilities.

(a) Duty of guardian.--It shall be the duty of the guardian of the medically disabled adult child to assert the rights and best interests of the medically disabled adult child.

Expressed wishes and preferences of the medically disabled adult child be respected to the greatest possible extent.

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.

The guardian shall also encourage the medically disabled adult child to participate to the maximum extent of the medically disabled adult child's abilities in all decisions affecting the medically disabled adult child, to act on the medically disabled adult child's own behalf and to develop or regain, to the maximum extent possible, the medically disabled adult child's capacity to manage personal affairs.

(b) Powers and duties only granted by court.--Unless specifically included in the guardianship order after specific findings of fact or otherwise ordered after a subsequent hearing with specific findings of fact, a guardian shall not have the power and duty to consent on behalf of the medically disabled adult child to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ.

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

(1) To admit the medically disabled adult child to an inpatient psychiatric facility or State facility that provides mental health and intellectual disability services.

(2) To consent on behalf of the medically disabled adult child to the relinquishment of the medically disabled adult child's parental rights.

§ 5567.

Effect of determination.

A medically disabled adult child may not make a contract or gift or an instrument in writing in the specific areas in which medical disability has been determined to impact.

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.

§ 5568.

Notice.

When the Commonwealth or a political subdivision of the Commonwealth has a claim for maintaining a medically disabled adult child in an institution, the guardian, within three months of the guardian's appointment, shall give notice of the claim to the Department of Human Services or the proper officer of a political subdivision, as appropriate.

§ 5569.

Sample petitions and notices.

(a) Petition for adjudication.--The following is an example of a petition for adjudication as medically disabled adult child and appointment of guardian:

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.

§ 5563.

Part 1 General information.

(1) The name and address of the petitioner and the petitioner's relationship to the alleged medically disabled adult child.

Name:

Address:

20190SB0924PN1337 - 11 - Relationship:

Are you responsible for 50% or more of the financial support of the alleged medically disabled adult child? Are you responsible for 50% or more of the physical custody of the alleged medically disabled adult child? (2) The name, date of birth, residence and post office address of the alleged medically disabled adult child, together with other vital information relating to the alleged medically disabled adult child are:

Name:

Date of birth:

Residence:

Post office address:

Maiden name:

Marital status:

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

Name:

Address:

Name:

Address:

(4) The name and address of the spouse of the alleged medically disabled adult child, if any.

Name:

Address:

(5) The name and address of the individual or institution providing residential services to the alleged medically disabled adult child.

Name:

20190SB0924PN1337 - 12 - Address:

(6) The names and addresses of the individuals or entities, if any, providing other support services to the alleged medically disabled adult child, for example, attending physician, home care aide or rehabilitative caregiver.

Name:

Address:

Part 2 Request for appointment of guardian.

(7) List the medical diagnoses of the alleged medically disabled adult child the effect of which or the treatment of which are allegedly impacting the alleged medically disabled adult child's ability to make effective decisions.

Condition:

Age at diagnosis:

(8) Describe the functional limitations and physical and mental condition of the alleged medically disabled adult child.

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

(9) The petitioner requests that a guardian be appointed because of the alleged medically disabled adult child's mental or physical condition, he or she is:

Unable to make responsible decisions concerning his or her person, health, welfare and safety.

Unable to communicate his or her needs concerning his or her health, welfare and safety.

Unable to reside alone.

Unable to provide for his or her personal safety.

Unable to care for his or her residence.

20190SB0924PN1337 - 13 - Unable to keep himself or herself properly nourished or hydrated.

Unable to tend to his or her personal hygiene.

Unable to clothe himself or herself.

Unable to make responsible decisions with regard to his or her medical care, including, but not limited to, obtaining health care services and entering himself or herself into a hospital, convalescent home, skilled care facility or similar institution.

Other:

(10) The petitioner requests that the following individual be appointed guardian of the alleged medically disabled adult child.

Name:

Address:

Qualifications of the proposed guardian, which may include a history of ongoing care:

The proposed guardian has no interests adverse to those of the alleged medically disabled adult child.

The consent of the proposed guardian is attached to this petition.

Wherefore, the petitioner respectfully requests that the Court appoint the above proposed guardian of the alleged medically disabled adult child.

Consent of individual to appointment as guardian I, , consent to my appointment as guardian of the of , an alleged medically disabled adult child, and certify that:

(1) I am 18 years of age or older.

20190SB0924PN1337 - 14 - (2) I reside at:

(3) My occupation is:

(4) I do not have any interest adverse to the alleged medically disabled adult child:

Date:

Signature:

Typed name:

(b) Notice.--The following is an example of a notice for declaration as a mentally disabled adult child:

IMPORTANT NOTICE TO:

A PETITION HAS BEEN FILED WITH THIS COURT TO HAVE YOU DECLARED A MEDICALLY DISABLED ADULT CHILD.

IF THE COURT FINDS YOU TO BE A MEDICALLY DISABLED ADULT CHILD, YOUR RIGHTS WILL BE AFFECTED, INCLUDING YOUR RIGHT TO MANAGE MONEY AND PROPERTY AND TO MAKE DECISIONS.

A COPY OF THE PETITION WHICH HAS BEEN FILED BY IS ATTACHED.

TO BE A MEDICALLY DISABLED ADULT CHILD MEANS THAT YOU ARE CURRENTLY UNABLE TO RECEIVE AND EFFECTIVELY EVALUATE INFORMATION AND/OR COMMUNICATE DECISIONS AND THAT YOU ARE UNABLE TO MANAGE YOUR MONEY AND/OR OTHER PROPERTY OR TO MAKE NECESSARY DECISIONS ABOUT WHERE YOU WILL LIVE, WHAT MEDICAL CARE YOU WILL GET OR HOW YOUR MONEY WILL BE SPENT.

IF YOU OBJECT TO THIS PETITION, YOU HAVE THE RIGHT TO AN ATTORNEY AND THE RIGHT TO REQUEST THE COURT TO APPOINT AN ATTORNEY TO REPRESENT YOU AND TO HAVE THE ATTORNEY'S FEES PAID FOR IF YOU CANNOT AFFORD THEM YOURSELF.

YOU ALSO HAVE THE RIGHT TO REQUEST THAT THE COURT ORDER THAT AN INDEPENDENT EVALUATION BE CONDUCTED AS TO YOUR ALLEGED MEDICAL DISABILITY.

IF THE COURT DECIDES THAT YOU ARE A MEDICALLY DISABLED ADULT 20190SB0924PN1337 - 15 - CHILD, THE COURT MAY APPOINT A GUARDIAN FOR YOU, BASED ON THE NATURE OF ANY CONDITION OR DISABILITY AND YOUR CAPACITY TO MAKE AND COMMUNICATE DECISIONS.

BY:

Clerk of Orphans' Court Division.

Affidavit of Service The undersigned verifies that he or she made personal service of the petition on the alleged medically disabled adult child.

The personal service was made on at M.

at the following location:

The undersigned verifies that, at the time of service, he or she explained the contents and terms of the petition to the alleged medically disabled adult child to the maximum extent possible in language and terms the alleged medically disabled adult child was most likely to understand.

The above statements are made subject to the penalties of 18 Pa.C.S.

§ 4904.

Date:

Signature:

Typed name:

Section 2.

This act shall take effect in 60 days.

20190SB0924PN1337 - 16 -