This book is designed to address your role as the attorney who is representing the petitioner or the alleged incapacitated person (AIP), or advocating in cases where the AIP has been exploited. Learn how to identify the difficult issues and gain solutions on how to petition for guardianship of a person suffering from mental illness, represent an AIP whose wishes are not in his or her best interest, and deal with theft and exploitation of an AIP.
Summary of Contents
Representing the Petitioner
- The Limits of the Powers and Duties of a Guardian
- The Guardianship Petition
- Withdrawing from Representing the Petitioner
Appendix A: AAA and Orphans’ Court Contact Information
Appendix B: Adult Protective Services for Southeast PA with Contact Information
Appendix C: Fees and Procedures
Appendix D: Supreme Court Order 6/1/2018 re Guardianship Rules and Forms
Appendix E: Guardianship Rules Chapter 14
Appendix F: Report of the Guardian Forms (G-02, G-03, G-05 and G-07)
Appendix G: Supreme Court Order 8/31/2018 adopting Rule 510 Pa. R.J.A re GTS
Appendix H: Rule 510 Guardianship Tracking System, 201 Pa. Code Rule 510
Appendix I: Guardianship Tracking System Help
Representing the AIP
- Does the AIP Have the Right to Counsel?
- Can the Court Appoint Counsel for the AIP?
- Why Should the Court Appoint Counsel for the AIP?
- Can the AIP Hire His/her Own Counsel?
- Can Family or Friends Hire Counsel for the AIP?
- How Do You Represent an Allegedly Impaired Person?
- What Should Counsel’s Investigation Look Like?
- What If Counsel Thinks the AIP’s Wishes Are Ill-Advised and Against His/her Best Interests?
- How Long Should Counsel Remain Involved after Guardianship?
- How Does Counsel for the AIP Get Paid?
Appendix A: Rule 1.14 Client with Diminished Capacity
Appendix B: Rule 1.6 Confidentiality of Information
Theft, Exploitation and the Choice of Guardian
- Who Should Be the Guardian
- Petition for Review
- Removal and Replacing
- Burden of Proof
- Recovering Funds
Court Approval of Attorney and Fiduciary Fees and Petitions for Principal Invasions
Appendix A: Adult Protective Services Act
Appendix B: Rule 1.5 Fees
Appendix C: Rule 1.7 Conflict of Interest: Current Clients
Appendix D: Rule 1.16 Declining or Terminating Representation
Appendix E: Rule 3.3 Candor Toward the Tribunal