Pa. Cons. Stat. » 20 Pa. Cons. Stat. (DECEDENTS) / Chapter 55
Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5512.2 (2026)

 Review hearing.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 5512.2.  Review hearing.

(a)  Automatic review.--If the evidence presented during the guardianship proceeding indicates that the circumstances of the person's incapacity may change, the court shall hold a review hearing to determine whether the guardianship continues to be necessary. The court shall set the date for a review hearing under this subsection in the court's order establishing guardianship. The review hearing under this subsection shall be held no later than one year from the date of the order establishing the guardianship. The hearing shall be conducted in the presence of the incapacitated person and the person's attorney, and the court shall adhere to the procedures and standards as outlined in section 5512.1(a) (relating to determination of incapacity and appointment of guardian). If, following the presentation of evidence and testimony from all parties, the court finds that guardianship continues to be necessary and that no less restrictive alternatives exist, the court may order that the guardianship continue. If the court finds that guardianship is no longer necessary or a less restrictive alternative exists, the court shall discharge the guardianship. In determining whether the circumstances of the person's incapacity may change, the court may consider any of the following:

(1)  whether the incapacity could be adequately managed by medication, rehabilitation or other means;

(2)  whether the potential exists for the incapacitated person to regain physical or cognitive capacity;

(3)  the opinion of a medical professional or other qualified expert who has personally examined the incapacitated person;

(4)  the circumstances of the incapacitated person's daily living, including, but not limited to, support from others; and

(5)  any other factor indicating that the incapacitated person's condition could improve at a future time.

(a.1)  Petition for review.--

(1)  At any time following the issuance of the order establishing guardianship, any interested person may file a petition with the court to terminate or modify the guardianship.

(2)  The court shall schedule the review hearing within 30 days of the filing of the petition to terminate or modify the guardianship and the review hearing shall occur no later than 60 days after the filing of the petition.

(3)  The court may continue the date of the review hearing to a date more than 60 days from the filing of the petition if the court makes a written finding that rescheduling the hearing is necessary to:

(i)  permit an interested party to participate;

(ii)  permit counsel for the incapacitated person to participate and to be prepared;

(iii)  allow for a capacity evaluation or a medical report to be completed or other medical procedure to occur; or

(iv)  otherwise allow for all interested parties to be prepared for the review hearing.

(4)  The hearing shall be held in the presence of the incapacitated person and the incapacitated person's attorney, and the court shall adhere to the procedures and standards as outlined in section 5512.1(a). If, following the presentation of evidence and testimony from all parties, the court finds that guardianship continues to be necessary and that no less restrictive alternatives exist, the court may order that the guardianship continue. If the court finds that guardianship is no longer necessary or a less restrictive alternative exists, the court shall discharge the guardianship.

(5)  In the case of a request for a review hearing, if the same interested party has previously requested a review hearing and a hearing has been held upon the request within the past 180 days, and the new request for a review hearing does not raise any new issues or facts, the court may decline to schedule an additional review hearing for a period of 180 days.

(b)  Burden of proof and rights.--The incapacitated person shall have all of the rights enumerated in this chapter. Except when the hearing is held to appoint a successor guardian, the burden of proof, by clear and convincing evidence, shall be on the party advocating continuation of guardianship or expansion of areas of incapacity.

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 14, 2023, P.L.446, No.61, eff. 180 days; Oct. 27, 2025, P.L.129, No.39, eff. 60 days)

 

2025 Amendment.  Act 39 amended subsec. (a.1).

1992 Amendment.  See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.

Cross References.  Section 5512.2 is referred to in section 5517 of this title.

Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 1995–2026 · leading case: Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
Sort: Relevance Newest Treatment
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019). · cites it 2× “20 Pa.C.S. § 5512.2. Section 5517, in turn, provides that a court may, following a review hearing, find that an individual has regained or lost capacity in certain areas or is no longer incapacitated.”
In Re Est. of Vanoni, 798 A.2d 203 (Pa. Super. Ct. 2002). “January 3, 1996 After a review hearing pursuant to the guardianship statute, 20 Pa.C.S. § 5512.2, held on December 28, 1995, Judge Wood enters an order which (1) finds decedent’s ability to understand and communicate is “improved” but that “he is not able to manage his…”
In Re: Guardianship of: H.T. (Pa. Super. Ct. 2023). · cites it 4× “20 Pa.C.S. § 5512.2. That section was clarified by In re Estate of Rosengarten, a case on which Appellant heavily relies: “We first hold that if an allegation of competency is made, the orphans' court must immediately proceed to either make a determination of frivolity based on…”
In Re: M.D.A., an Alleged Incompetent Person (Pa. Super. Ct. 2023). · cites it 2× “See 20 Pa.C.S. § 5512.2 (“The court shall conduct a review hearing promptly if the incapacitated person, guardian or any interested party petitions the court for a hearing for reason of a significant change in the person’s capacity, a change in the need for guardianship services…”
In Re: G.A.T., Appeal of: T.T. & E.D.T. (Pa. Super. Ct. 2024). · cites it 2× “First, [Appellants’] reliance on 20 Pa.C.S. § 5512.2 was misplaced. The statute provides that “[t]he court shall conduct a review hearing promptly if the incapacitated person, guardian or any interested party petitions the court for a hearing for reason of a significant change…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). · cites it 2× “[Official Note: See 20 Pa.C.S. § 5512.2.] Explanatory Comment: For the court’s disposition of a petition for a review hearing and evidentiary burden of proof, see 20 Pa.”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). · cites it 2× “[Official Note: See 20 Pa.C.S. § 5512.2.] Explanatory Comment: For the court’s disposition of a petition for a review hearing and evidentiary burden of proof, see 20 Pa.”
In re Est. of Boyce, 39 Pa. D. & C.5th 1 (2014). · cites it 2× “Beyond this issue of waiver is the larger question of whether the best interests of Marita Boyce would be served if the appeal were quashed so that a prompt, expeditious review hearing pursuant to 20 Pa.C.S. § 5512.2 could be held to protect her interests.”
In Re: Sabatino, M. (Pa. Super. Ct. 2016). “” 20 Pa.C.S. § 5512.2. - 36 - J-A19017-16 the alleged incapacitated person shall be subject to cross-examination by counsel for the alleged incapacitated person.”
Order Rescinding & Replacing Rules 14.1 Through 14.5 & Forms G-01 Through G-04, & Amending Rules 1.5, 5.10 Through 5.12 & Index to Appendix of PA Orphans' Court Rules (Pa. 2018). “For the court’s disposition of a petition for a review hearing and evidentiary burden of proof, see 20 Pa.C.S. § 5512.2. 25 Rule 14.10 Proceedings Relating to Real Property (a) Applicable Rules.”
In the Matter of: Toth, M., Appeal of: Toth, G. (Pa. Super. Ct. 2019). “20 Pa.C.S. § 5512.2(a). However, in the proceedings below, Appellant did not raise the issue of whether Marian’s guardian was complying with the law or whether the proposed transfer was in Marian’s best interest.”
In Re: McCrum, W., Appeal of: McCrum, A. (Pa. Super. Ct. 2020). “20 Pa.C.S. § 5512.2(a). -5- J-A30023-19 29.”
Show all 17 citing cases →
— 20 Pa. Cons. Stat. § 5512.2(a) — 3 cases
In Re: Guardianship of: H.T. (Pa. Super. Ct. 2023). “20 Pa.C.S. § 5512.2. That section was clarified by In re Estate of Rosengarten, a case on which Appellant heavily relies: “We first hold that if an allegation of competency is made, the orphans' court must immediately proceed to either make a determination of frivolity based on…”
In the Matter of: Toth, M., Appeal of: Toth, G. (Pa. Super. Ct. 2019). “20 Pa.C.S. § 5512.2(a). However, in the proceedings below, Appellant did not raise the issue of whether Marian’s guardian was complying with the law or whether the proposed transfer was in Marian’s best interest.”
In Re: McCrum, W., Appeal of: McCrum, A. (Pa. Super. Ct. 2020). “20 Pa.C.S. § 5512.2(a). -5- J-A30023-19 29.”
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.