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palegis.us.
§ 5502. Purpose of chapter.
Recognizing that every individual has unique needs and differing abilities, it is
the purpose of this chapter to promote the general welfare of all citizens by establishing
a system which permits incapacitated persons to participate as fully as possible in
all decisions which affect them, which assists these persons in meeting the essential
requirements for their physical health and safety, protecting their rights, managing
their financial resources and developing or regaining their abilities to the maximum
extent possible and which accomplishes these objectives through the use of the least
restrictive alternative; and recognizing further that when guardianship services are
necessary, it is important to facilitate the finding of suitable individuals or entities
willing to serve as guardians.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment. Act 24 added section 5502. See section 21 of Act 24 in the appendix to this title
for special provisions relating to applicability.
Notes of Decisions
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
· cites it 7× “Citing to section 5502 of the Code, the panel emphasized that “the purpose of [the Code is] to promote the general welfare of all citizens by establishing a system which permits incapacitated persons to participate as fully as possible in all decisions which affect them … .”
In Re Easly, 771 A.2d 844 (Pa. Commw. Ct. 2001).
· cites it 6× “Section 5502 of the Incapacitated Persons Act, 20 Pa.C.S. § 5502, sets forth the purpose of the act as "establishing a system which[, inter alia, ] permits incapacitated persons to participate as fully as possible in all decisions which affect them.”
Gavin, M. v. Loeffelbein, E., 161 A.3d 340 (Pa. Super. Ct. 2017).
“: • 20 Pa.C.S. § 5502 (emphasis added). The trial court in the present matter informed the jury that the fact that.”
In re Bear, 44 Pa. D. & C.4th 225 (1999).
“20 Pa.C.S. §5502 (1992). . Section 406 provides as follows: “(a) whenever a person is believed to be mentally disabled, and in need of care or treatment by reason of such mental disability, and ex *246 amination of such person has been made by a physician or physicians, or for…”
In Re: Sabatino, M. (Pa. Super. Ct. 2016).
· cites it 2× “20 Pa.C.S. § 5502 (emphasis added). - 23 - J-A19017-16 In light of these provisions, counsel appointed to represent the alleged incapacitated person must present the alleged incapacitated person’s own position to the court.”
In Re: Italiano, D. (Pa. Super. Ct. 2021).
· cites it 2× “] 20 Pa.C.S. § 5502. An incapacitated person, guardian or any interested party may “petition[ ] the court for a hearing for reason of a significant change in the - 11 - J-S22018-21 person’s capacity[ or] a change in the need for guardianship services.”
In Re: Kline, C., an Incapacitated Person (Pa. Super. Ct. 2016).
“20 Pa.C.S. § 5502. Biros also relies on Section 5521(a) of the PEF Code, which defines the “Duty of the guardian of the person,” and states, in part: “Expressed wishes and preferences of the incapacitated person shall be respected to the greatest possible extent.”
Est. of Phillips, R., an Alleged Incapacitated (Pa. Super. Ct. 2018).
“” 20 Pa.C.S. § 5502. The definition of an incapacitated person is as follows: “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…”
In Re: Douglas, M., Appeal of: Douglas, C. (Pa. Super. Ct. 2019).
“” 20 Pa.C.S. § 5502. An incapacitated person is 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…”
Allstate Life Ins. Co. v. Mckean (W.D. Pa. 2023).
“icipate as fully as possible in all decisions which affect them, which assists these persons in meeting the essential requirements for their physical health and safety, protecting their rights, managing their financial resources and developing or regaining their abilities to the…”
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