SB 113 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for communication, visitation and interaction with other persons and for notice to immediate family of certain events.

PRIOR PRINTER'S NO.

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

987113 THE2017 GENERALINTRODUCED ASSEMBLYBY OFEICHELBERGER, PENNSYLVANIASABATINA, SENATEBARTOLOTTA, BILLRESCHENTHALER, SessionVULAKOVICH, COSTA, MENSCH, RAFFERTY AND BREWSTER, JANUARY 13, 2017 REFERRED TO JUDICIARY, JANUARY 13, 2017 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of No.the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for communication, visitation and interaction with other persons and for notice to closest relatives of certain events.

113 2017 INTRODUCED BY EICHELBERGER, SABATINA, BARTOLOTTA, RESCHENTHALER, VULAKOVICH, COSTA, MENSCH, RAFFERTY AND BREWSTER, JANUARY 13, 2017 AS AMENDED ON SECOND CONSIDERATION, JUNE 20, 2017 AN ACT Amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in incapacitated persons, providing for communication, visitation and interaction with other persons and for notice to closest relatives IMMEDIATE <-- FAMILY of certain events.

Notice to closest relatives IMMEDIATE FAMILY of certain <-- events.

(3) A GUARDIAN SHALL COMPLY WITH A PROTECTIVE ORDER THAT <-- REMAINS IN EFFECT TO PROTECT THE INCAPACITATED PERSON FROM OTHER PERSONS, EVEN IF ISSUED PRIOR TO THE APPOINTMENT OF THE GUARDIAN.

(1) THEwhether EXISTENCEa OFprotective Aorder PRIORhas PROTECTIVEbeen ORDERissued ORto WHETHERprotect <--the Aincapacitated PROTECTIVEperson ORDERfrom ISthe BEINGperson SOUGHTseeking TOaccess PROTECTto THEthe INCAPACITATEDincapacitated PERSONperson; FROM THE PERSON SEEKING ACCESS TO THE INCAPACITATED PERSON;

(1) (2) whether aabuse, protectiveneglect orderor hasfinancial beenexploitation issuedof to <-- protect the incapacitated person fromby the person seeking access to the incapacitated person;person has occurred or is likely to occur;

(2) (3) whetherdocumented abuse,intention neglect or financial exploitation <-- of the incapacitated person by the person seeking access to 20170SB0113PN0987reject -communication, 2visitation - the incapacitated person has occurred or isinteraction likelywith tospecific occur;persons;

(3)or (4) documentedany intentionother offactors thedeemed incapacitatedrelevant personby <--the tocourt. reject communication, visitation or interaction with specific persons;

(c) Court order for restrictions.-- (1) A court may order restrictions placed on the communications, visitations or (4)interactions (5)a anyperson othermay factorshave deemedwith relevantan incapacitated person upon a showing of good cause by 20170SB0113PN0087 - 2 - the court.guardian.

<-- (c) Court order for restrictions.-- (1) A court may order restrictions placed on the communications, visitations or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian.

(3) Prior to issuing an order under this subsection, the 20170SB0113PN0987 - 3 - court shall consider the following:

(ii) requiring that communication, visitation or interaction between the incapacitated person and the 20170SB0113PN0087 - 3 - other person be supervised;

(2) Notwithstanding actions available to the court under 20170SB0113PN0987 - 4 - paragraph (1), a guardian who is found to be knowingly isolating an incapacitated person and who has violated subsection (a) or an order issued under subsection (c) shall be subject to discharge and replacement as provided by law.

The court, in its discretion, may order mediation 20170SB0113PN0087 - 4 - to be conducted between the parties and the incapacitated person prior to the hearing.

(5) Nothing in this subsection may be construed to 20170SB0113PN0987 - 5 - affect the incapacitated person's right to appear and be heard in the proceedings.

(f) Costs and reasonable attorney fees.-- <-- (1) The court, in its discretion, may award the prevailing party in an action brought under this section court costs and reasonable attorney fees, provided that an award of court costs and reasonable attorney fees may not be paid out of the incapacitated person's estate.

(2) The court, upon petition or upon its own initiative, 20170SB0113PN0087 - 5 - may impose upon a guardian who is found to be knowingly isolating an incapacitated person and who has violated subsection (a) or an order issued under subsection (c) an appropriate sanction, including an order to pay court costs and reasonable attorney fees of the other party or parties, provided that no sanction may be paid out of the incapacitated person's estate.

(F) SANCTIONS.--IF A GUARDIAN HAS VIOLATED A COURT ORDER <-- ISSUED UNDER THIS SUBCHAPTER, THE COURT MAY:

(1) REQUIRE THE GUARDIAN TO GRANT A PERSON ACCESS OR PROVIDE NOTICE;

(2) RESTRICT OR REDUCE A GUARDIAN'S RIGHT TO COMPENSATION, IF ANY;

(3) MODIFY THE GUARDIAN'S DUTIES;

OR (4) REMOVE THE GUARDIAN.

Notice to closest relatives IMMEDIATE FAMILY of certain <-- events.

(a) General rule.--A guardian shall promptly notify an incapacitated person's closest relatives IMMEDIATE FAMILY and <-- any person designated by the incapacitated person to be notified, along with the appropriate contact information, upon 20170SB0113PN0987 - 6 - the guardian's knowledge that:

(1) the incapacitated person's PERMANENT residence has <-- changed;

(b) Exception.-- (1) A guardian shall not be required to provide notice 20170SB0113PN0087 - 6 - in accordance with subsection (a) if:

20170SB0113PN0987 - 7 - (C) NOTIFICATIONS.-- <-- (1) THE REQUIREMENT TO PROVIDE NOTICE UNDER SUBSECTION (A) MAY BE SATISFIED BY PROVIDING NOTICE TO ALL PERSONS DESIGNATED BY THE INCAPACITATED PERSON TO BE NOTIFIED AND TO THE INCAPACITATED PERSON'S SPOUSE, IF THE SPOUSE IS NOT THE GUARDIAN.

(2) IF THE INCAPACITATED PERSON HAS NO SPOUSE, OR THE SPOUSE IS ACTING AS GUARDIAN, NOTICE SHALL BE SENT TO EACH OF THE INCAPACITATED PERSON'S CHILDREN, IF ANY.

(3) IF THE INCAPACITATED PERSON HAS NO SPOUSE OR SURVIVING CHILDREN, NOTIFICATION MAY BE SENT TO A BROTHER, SISTER, GRANDCHILD OR OTHER PERSON DESIGNATED BY THE INCAPACITATED PERSON TO BE NOTIFIED, IF ANY.

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