HB 2106 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, further providing for petition and hearing and independent evaluation.

PRIOR PRINTER'S NO.

2724 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

33202106 THE2025 GENERALINTRODUCED ASSEMBLYBY OFSALISBURY, PENNSYLVANIAWAXMAN, HOUSEWEBSTER, BILLSANCHEZ, SessionMcNEILL, RIVERA, HILL-EVANS, INGLIS, FRANKEL, FREEMAN AND CEPEDA- FREYTIZ, DECEMBER 17, 2025 REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 17, 2025 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of No.the Pennsylvania Consolidated Statutes, in incapacitated persons, further providing for petition and hearing and independent evaluation.

2106 2025 INTRODUCED BY SALISBURY, WAXMAN, WEBSTER, SANCHEZ, McNEILL, RIVERA, HILL-EVANS, INGLIS, FRANKEL, FREEMAN, CEPEDA-FREYTIZ AND NEILSON, DECEMBER 17, 2025 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 29, 2026 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, further providing for petition and hearing and independent evaluation.

The following apply to service UPON THE ALLEGED <-- INCAPACITATED PERSON and noticenotice: TO OTHER INTERESTED PARTIES:

<-- (i) Service shall be no less than 20 days in advance of the hearing.

[In addition, notice] (ii) Notice of the petition and hearing shall be given in [suchsuch manner as the court shall direct]direct <-- ACCORDANCE WITH THE PENNSYLVANIA RULES OF ORPHANS' COURT PROCEDURE to [all]:

(A) All ADULT persons [residingresiding within the <-- Commonwealth who are sui juris and]and WHO would be <-- 20250HB2106PN3320 - 2 - entitled to share in the estate of the alleged incapacitated person if he died intestate at that time[, to the].

(B) The person or institution providing 20250HB2106PN2724 - 2 - residential services to the alleged incapacitated person [and to such other].

(C) EACHOther PERSONparties WITHas WHOMthe THEcourt ALLEGEDmay <--direct, INCAPACITATEDincluding PERSONother RESIDES.service providers.

(D)(iii) AIf PERSONnotice NAMEDcannot ASbe ANgiven AGENTto UNDERany Aof FINANCIALthe POWERpersons OFlisted ATTORNEY,under HEALTHsubparagraph CARE(ii), POWERnotice OFof ATTORNEY,the ADVANCEpetition HEALTHand CAREhearing DIRECTIVEshall ORbe MENTALgiven HEALTHin CAREsuch POWERmanner OFas ATTORNEYthe UNDERcourt CHAPTERshall 54direct (RELATINGto: TO HEALTH CARE), 56 (RELATING TO POWERS OF ATTORNEY) OR 58 (RELATING TO MENTAL HEALTH CARE), IF KNOWN TO THE PETITIONER AT THE TIME THE PETITION IS FILED, AND AN ATTORNEY KNOWN TO THE PETITIONER TO REPRESENT THE ALLEGED INCAPACITATED PERSON.

(C) (E) Other parties as the court may direct, <-- including other service providers.

(iii) If notice cannot be given to any of the persons OR INSTITUTIONS listed under subparagraph (ii), <-- notice of the petition and hearing shall be given in such <-- manner as the court shall direct to:

(I) At least one, but not more than three, 20250HB2106PN3320 - 3 - of the living relatives of the alleged incapacitated person in the nearest degree of kinship.

(II) Any person or entity that has demonstrated a genuine interest in promoting ACCORDANCE WITH THE PENNSYLVANIA RULES OF <-- ORPHANS' COURT PROCEDURE TO A PERSON THAT THE COURT, UPON HEARING, IS SATISFIED HAS DEMONSTRATED A GENUINE INTEREST IN THE WELFARE OF THE ALLEGED INCAPACITATED PERSON AND PROMOTING the best interests of the alleged incapacitated person, such as by having a personal relationship with the person, regularly visiting the person or regularly communicating with the person.

20250HB2106PN2724 - 3 - (7) The hearing may be held at the residence of the alleged incapacitated person.

It shall not be necessary 20250HB2106PN3320 - 4 - for the alleged incapacitated person to be represented by a guardian ad litem in the proceeding.] (i) the court is satisfied, upon the deposition or testimony of or sworn statement by a physician or licensed psychologist, that his physical or mental condition would be harmed by his presence;

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