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Checklist For Guardianship Proceeding Form. This is a Pennsylvania form and can be use in Chester Local County.
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Tags: Checklist For Guardianship Proceeding, Pennsylvania Local County, Chester
CHECKLIST FOR GUARDIANSHIP PROCEEDINGS
1.
Forms:
__________
Preliminary Decree
__________
Citation with Notice
__________
Final Order
__________
Consent to Serve
__________
Affidavit of Service
__________
Notice of Retention/Non-Retention of Counsel by A.I.P.
2.
Petition contains:
a.
All of the following are required as per 20 Pa. C.S.A. § 5511(e):
__________
Name, age, residence, and P.O. address of A.I.P.
__________
Names and addresses of spouse, parents and presumptive adult heirs of A.I.P.
__________
Name and address of person or institution providing residential services to A.I.P.
__________
Names and addresses of other services providers
__________
Names and addresses of persons or entity whom petitioner seeks to have appointed guardian
__________
Averment that proposed guardian has no interest adverse to A.I.P.
__________
Reasons for seeking guardian
__________
Description of functional limitations and physical and mental condition of A.I.P.
__________
Steps taken to find LRA's (less restrictive alternatives)
__________
Specific areas of incapacity for which guardian is to be assigned powers
__________
Qualifications of proposed guardian
__________
Gross value of estate and net income from all sources to the extent known (required if seeking a
guardian of the estate)
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b. Verification: (required)
__________
c.
__________
3.
By Petitioner, not counsel (O.C. Rule L.3.4A(2))
Attorney Information (O.C. Rule L.3.4A(1))
Petition, and any answer and reply must be endorsed with the name, address, zip code, telephone
number, and identification number of the individual attorney representing the party filing the
pleading.
Citation with Notice (§ 5511(a); Pa. O.C. Rule 14.5)
a.
Form of Notice: (The following are all required)
__________
Proposed notice is in large type and simple language
__________
Notice states date, time, and place of hearing and rights of A.I.P., including right to counsel
__________
Notice sets forth purpose and seriousness of hearing and that rights may be lost
b.
Service: (The following are all required)
__________
Personal service
__________
At least 20 days before hearing
__________
By qualified person (include qualifications on affidavit)
c.
Additional Notice: (first two must be notified as matter of law [see § 5511 (a)])
__________
Next of kin or presumptive heirs (necessary)
__________
Person/institution providing residential services (if any)
__________
Others whom Court may direct, including other service providers ________ (as applicable)
4.
Counsel for A.I.P. (Inform Judge at least 7 days before the hearing if no counsel has been
retained by A.I.P.)
__________
Requested _________________________________________
__________
Appointed _________________________________________
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5.
Venue (§ 5512)
At least one of the first three; fourth necessary
__________ A.I.P. is resident of County, or of long-term facility within the County
__________ A.I.P. does not reside in County but is beneficiary of an estate or trust in the County
__________ A.I.P. does not reside in County but has assets in County
__________ No other guardian has been appointed
6.
Proposed guardian (§ 5511(f)):
At least one of first three; fourth necessary
__________
Individuals _________________________________________
__________
Corporation _________________________________________
__________
Guardian Officer _____________________________________
__________
No adverse interest/adverse interest but no one else available (underline applicable alternative)
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