Del. Cnty. Pa. 14.2A

As amended through July 15, 2018
Rule 14.2A - Format And Rules For Guardianship Filings
(1) The practice and procedure for guardianship matters follows that set forth in the Pa.O.C. Rules, with additional elements to reflect the purpose and practice of 20 Pa.C.S. Chapter 55, as generally described in these Local Rules for Chapter XIV of the Pa.O.C. Rules.
(2) The general format for petition practice and pleading for guardianship matters shall be as outlined in Chapter III of the Pa.O.C. Rules and related Del.Co.O.C. Rules, with modifications necessary to fulfill the statutory purposes of 20 Pa.C.S. Chapter 55, including, without limitation thereto:
(a) Pa.O.C. 3.3 shall be followed as applicable;
(b) the applicable petition content described in Pa.O.C. 3.4(a) shall be supplemented by the required petition content described in 20 Pa.C.S. § 5511;
(c) consent of the proposed guardian, if any, shall be attached to the petition;
(d) service of the citation is by personal service as set forth in 20 Pa.CS.A. 5511; the requirement for additional service of a citation by first class mail, Del.Co.O.C. 3.5A(2), does not apply to this type of service;
(e) the time period for rescheduled proceedings in Pa.O.C. 3, 5(a)(5) may be modified by the court as appropriate to the circumstances;
(f) the notice to plead described in Pa.O.C. 3.5(b) shall be modified to reflect the guardianship proceeding and the notice shall include copies of the Citation with Notice and the Preliminary Decree with hearing date, and a description of the proceedings; and
(g) objections and responsive pleadings may be presented within twenty (20) days from the date of notice and prior to the scheduled hearing.
(3) Notice to U.S. Department of Veterans Affairs. Consult 20 Pa.C.S. § 8411 regarding notice to the United States Department of Veterans Affairs, or its successor, upon filing of a petition for guardianship where benefits of compensation or insurance or other gratuity is payable to or for the alleged incapacitated person by that agency.

Del. Cnty. Pa. 14.2A

Amended effective 7/30/2016.