Mont. Cnty. Pa. 14.2(a)

As amended through January 1, 2020
Rule 14.2(a) - Contents Of Petition

Each Petition for the appointment of a guardian shall conform to PA Orphans' Court Rules, Chapter III (Petitions, Practices, and Pleadings), shall be in plain language, and shall include the following information:

1. The name and address of the Petitioner, along with a statement of the Petitioner's relationship, if any, to the alleged incapacitated person.
2. The name, date of birth, age, and post office address of the alleged incapacitated person.
3. The names and addresses of the spouse, parents, and presumptive adult heirs of the alleged incapacitated person. (Presumptive adult heirs are those individuals having attained the age of majority who would inherit the alleged incapacitated person's estate as intestate heirs, had the alleged incapacitated person deceased on the date of the filing of the Petition.)
4. The name and address of the person or institution providing professional residential services to the alleged incapacitated person.
5. The names and addresses of all other professional service providers covering the six (6) month period preceding the filing of the petition.
6. Each location at which the alleged incapacitated person has resided for the preceding three (3) year period.
7. The names and addresses of each person who at any time during the preceding (3) years is known to have administered any of the financial affairs of the alleged incapacitated person. If a power of attorney exists and is in effect, a copy of the power of attorney is to be attached to the petition as an exhibit, if available to the Petitioner.
8. A statement of whether the alleged incapacitated person is known to have a will and whether a copy of any known will is available for production at the time of hearing.
9. The name and address of the person or entity whom Petitioner asks to be appointed guardian and the qualifications of the proposed guardian.
10. An averment that the proposed guardian has no interest adverse to the alleged incapacitated person.
11. Concise factual averments as to why the appointment of a guardian is requested, including:
a. A description of the functional limitations and physical and mental condition of the alleged incapacitated person.
b. The steps taken to find a less restrictive alternative.
c. The specific areas of incapacity over which it is requested that a guardian be assigned powers.
12. If a limited or plenary guardian of the estate of the alleged incapacitated person is sought, an inventory of the assets of the alleged incapacitated person, including estimated or known values thereof, and the net income from all sources to the extent known.
13. A proposed Order of Court, to be appended on top of the petition, is to specify the precise scope of authority requested for the guardian and the specific areas as to which the guardian will be assigned powers.

Mont. Cnty. Pa. 14.2(a)