Alle. Cnty. Pa., app B-2
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION
IN RE: | ) |
) | |
) No. | |
* | ) |
an alleged incapacitated person | ) |
3Sections marked by asterisk (*) must be completed by counsel before Court presentation.
PRELIMINARY ORDER OF COURT
(Emergency and Permanent Guardian)
AND NOW, this _____ day of ______________________, the foregoing Petition having
been presented in open Court, upon consideration thereof and on motion of
* ______________________, counsel for petitioner, it is ORDERED and DECREED that a
Citation be awarded, directed to * _____________________, to show cause why *he/she should
not be adjudged an incapacitated person and a *plenary/limited guardian of *his/her person and estate be appointed. The citation shall be returnable and an emergency and permanent hearing on the Petition and any answer thereto shall be held on the following dates and times:
Emergency Guardianship | Permanent Guardianship |
Return Date: | Return Date: |
Hearing Date: | Hearing Date: |
Hearing Time: | Hearing Time: |
Courtroom:
_________________
The alleged incapacitated person shall be given notice of the hearing on appointment of an emergency guardian of *his/her person and estate by serving *him/her personally with the Citation, this Order of Court and a copy of the foregoing Petition prior to the time of such emergency hearing.
OR
The court finds that service of notice of the hearing on appointment of an emergency guardian upon the alleged incapacitated person is not feasible under the circumstances and is, therefore, waived pursuant to 20 Pa. C.S. § 5513.
Any Answer or other response to the Petition shall be filed at the Office of the Register of Wills of Allegheny County sitting as Clerk of the Orphans' Court, First Floor, City-County Building, Pittsburgh, Pennsylvania 15219. Hearings shall be held at the Orphans' Court Division of the Court of Common Pleas of Allegheny County, 17th Floor, Frick Building, 437 Grant Street, Pittsburgh, Pennsylvania 15219.
The Court finds that strict compliance with 20 Pa. C.S. § 5511(E) and 14, 1 of the Allegheny County Orphans' Court Division Rules (both relating to contents of the Petition) are not feasible under the circumstances and are waived for the purpose of the hearing on appointment of an emergency guardian of the alleged incapacitated person.
The Court further finds that strict compliance with 20 Pa. C.S. § 5511(A) (relating to notification concerning the right to counsel and the appointment of counsel for the alleged incapacitated person) are not feasible under the circumstances and are waived for the purpose of the hearing on appointment of an emergency guardian of the alleged incapacitated person.
At least twenty (20) days written notice of the hearing on appointment of a permanent guardian shall be given to * _____________________, the alleged incapacitated person, by serving *him/her personally with a copy of the Petition, the citation and this Order of Court, together with an explanation of their contents. At least twenty (20) days written notice of the petition and hearing on the appointment of a permanent guardian shall be given to the next of kin and other parties in interest named in the petition, either personally or by registered or certified mail.
BY THE COURT:
____________________________ J.
Alle. Cnty. Pa., app B-2