CHAPTER 55
INCAPACITATED PERSONS
Subchapter
A. General Provisions
B. Small Estates
C. Appointment of Guardian; Bonds; Removal and Discharge
D. Powers, Duties and Liabilities of Guardians
E. Accounts, Audits, Reviews and Distribution
F. Guardianship Support
Enactment. Chapter 55 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Chapter Heading. The heading of Chapter 55 was amended April 16, 1992, P.L.108, No.24, effective in
60 days.
Cross References. Chapter 55 is referred to in sections 102, 5902, 5912, 5922 of this title; section
4A211 of Title 13 (Commercial Code); section 62A05 of Title 42 (Judiciary and Judicial
Procedure).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
5501. Meaning of incapacitated person.
5502. Purpose of chapter.
Subchapter Heading. The heading of Subchapter A was amended April 16, 1992, P.L.108, No.24, effective
in 60 days.
§ 5501. Meaning of incapacitated person.
"Incapacitated person" means an adult whose ability to receive and evaluate information
effectively and communicate decisions in any way is impaired to such a significant
extent that he is partially or totally unable to manage his financial resources or
to meet essential requirements for his physical health and safety.
(Dec. 10, 1974, P.L.899, No.295, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60
days)
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating
to applicability.
Cross References. Section 5501 is referred to in section 2514 of this title.
Notes of Decisions
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
· cites it 4× “” 20 Pa.C.S. § 5501. 15 Appellant also cites to section 5524 of the Code which provides, in pertinent part, that incapacitated persons are “incapable of making of a contract or gift or any instrument in writing.”
Matter of Caine, 415 A.2d 13 (Pa. 1980).
· cites it 8× “Accordingly, before a guardianship can be imposed it must be established not only that a person is, under 20 Pa.C.S. § 5501, "unable to manage his property, or is liable to dissipate it or become the victim of designing persons.”
Vine v. Commonwealth, State Employees' Ret. Bd., 9 A.3d 1150 (Pa. 2010).
· cites it 2× “" Proposed Report at 6 (quoting 20 Pa.C.S. § 5501). In light of Appellant's incapacity, the examiner concluded that the POA was invalid, thereby rendering ineffective any retirement selection made by Robert.”
Smith v. Wood, 649 F. Supp. 901 (E.D. Pa. 1986).
· cites it 3× “” 20 Pa.Cons.Stat.Ann. § 5501. The family members contended that indications of plaintiff’s mental illness coincided with his increased involvement with a political organization headed by Lyndon LaRouche.”
In Re Fiori, 652 A.2d 1350 (Pa. Super. Ct. 1995).
· cites it 2× “20 Pa.C.S. § 5501 et seq. The Attorney General refers to those portions of the statute relating to determinations of incapacity and appointment of guardians and appears to find support for his approach to this case in the portion of the statute that requires that "clear and…”
Smith v. Smith, 529 A.2d 466 (Pa. 1987).
· cites it 4× “A guardianship can be imposed if it is established that a person is, under 20 Pa.C.S. § 5501, "unable to manage his property, or is liable to dissipate it or become the victim of designing persons.”
Est. of A.J.M., Appeal of: Lynch Law Grp., 308 A.3d 844 (Pa. Super. Ct. 2024).
“” 20 Pa.C.S. § 5501. 3 As the orders dated July 21, 2022, were not entered on the corresponding dockets until July 22, 2022, we refer to them herein as the “July 22, 2022 orders.”
Est. of Haertsch, 649 A.2d 719 (Pa. Super. Ct. 1994).
“Once an individual has been found incapacitated within the meaning of 20 Pa.C.S. § 5501, Meaning of incapacitated person, and in need of guardianship services, it then becomes the court’s responsibility to appoint an individual to serve, granting limited or plenary powers…”
In Re Est. of Dupont, 2 A.3d 516 (Pa. 2010).
“” 20 Pa.C.S. § 5501. 2 . These civil proceedings were separate from the criminal prosecution stemming from the Schultz homicide.”
In Re Revocation of Revocable Trust of Fellman, 604 A.2d 263 (Pa. Super. Ct. 1992).
· cites it 2× “One such provision establishes the following safeguards: (a) notice to the alleged incompetent, (b) a hearing at which good cause for a finding of incompetence must be shown, (c) a hearing with a jury if requested by the alleged incompetent, and (d) the presence of the alleged…”
Horner v. Horner, 719 A.2d 1101 (Pa. Super. Ct. 1998).
“Grine, adjudged John “partially incapacitated” pursuant to 20 Pa.C.S. §5501, “to make and communicate decisions regarding his financial matters.”
Wilson v. Travelers Cas. & Sur. Co., 88 A.3d 237 (Pa. Commw. Ct. 2013).
“11 It is undisputed that Claimant, who has Down’s syndrome, is an “incapacitated person” under Section 5501 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S § 5501, and Rule 2051 of the Pennsylvania Rules of Civil Procedure, Pa.”
— 20 Pa. Cons. Stat. § 5501(1) — 3 cases
Matter of Caine, 415 A.2d 13 (Pa. 1980).
“Accordingly, before a guardianship can be imposed it must be established not only that a person is, under 20 Pa.C.S. § 5501, "unable to manage his property, or is liable to dissipate it or become the victim of designing persons.”
Smith v. Wood, 649 F. Supp. 901 (E.D. Pa. 1986).
“” 20 Pa.Cons.Stat.Ann. § 5501. The family members contended that indications of plaintiff’s mental illness coincided with his increased involvement with a political organization headed by Lyndon LaRouche.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.