§ 5513. Emergency guardian.
Notwithstanding the provisions of section 5511 (relating to petition and hearing;
independent evaluation), the court, upon petition and a hearing at which clear and
convincing evidence is shown, may appoint an emergency guardian or guardians of the
person or estate of a person alleged to be incapacitated, when it appears that the
person lacks capacity, is in need of a guardian and a failure to make such appointment
will result in irreparable harm to the person or estate of the alleged incapacitated
person. The provisions of section 5511, including those relating to counsel, shall
be applicable to such proceedings, except when the court has found that it is not
feasible in the circumstances. An emergency guardian so appointed for the person or
estate of an alleged incapacitated person shall only have and be subject to such powers,
duties and liabilities and serve for such time as the court shall direct in its decree.
An emergency order appointing an emergency guardian of the person may be in effect
for up to 72 hours. If the emergency continues, then the emergency order may be extended
for no more than 20 days from the expiration of the initial emergency order. After
expiration of the emergency order or any extension, a full guardianship proceeding
must be initiated pursuant to section 5511. The court may also appoint an emergency
guardian of the person pursuant to this section for an alleged incapacitated person
who is present in this Commonwealth but is domiciled outside of this Commonwealth,
regardless of whether the alleged incapacitated person has property in this Commonwealth.
An emergency order appointing an emergency guardian of the estate shall not exceed
30 days. After 30 days, a full guardianship proceeding must be initiated pursuant
to section 5511.
(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 5513 is referred to in section 5914 of this title.
Notes of Decisions
Gavin, M. v. Loeffelbein, E., 161 A.3d 340 (Pa. Super. Ct. 2017).
· cites it 3× “On May 16, 2012, a petition was filed for appointment of an emergency guardian, pursuant to 20 Pa.C.S. § 5513, 2 over James’ person and estate.”
In Re Est. of Dorone, 534 A.2d 452 (Pa. 1987).
· cites it 3× “A temporary guardian so appointed for the person or estate of an alleged incompetent shall only have and be subject to such powers, duties and liabilities and serve for such time as the court shall direct in its decree.”
In Re Est. of Dorone, 502 A.2d 1271 (Pa. 1985).
· cites it 2× “The second, dated August 3, added as a preface the words, "it appearing that failure to appoint a temporary guardian for Darrell Dorone will result in irreparable harm to the alleged incompetent .”
Dep't of Pub. Welfare v. Gant, 142 A.3d 964 (Pa. Commw. Ct. 2016).
· cites it 3× “" 32 20 Pa.C.S. § 5513. Moreover, [t]he appointment of a guardian lies within the discretion of the trial court and will be overturned only upon an abuse of discretion.”
In Re Sylvester, 598 A.2d 76 (Pa. Super. Ct. 1991).
“Appellants next contend that the proceedings for the appointment of the temporary guardian were improper due to a lack of notice and that the decree appointing the temporary guardian was deficient under section 5513 of the Probate, Estates, and Fiduciaries Code (the “Probate…”
Donaldson v. Butler Cnty., 118 A.3d 1253 (Pa. Commw. Ct. 2015).
· cites it 3× “” 20 Pa.C.S. § 5513. 12 *1260 ADR PANEL HEARING At the commencement of the September 13, 2013 ADR Panel hearing, the parties stipulated that “as of Friday, that afternoon [April 12, 2013], .”
In re Dyarman, 51 Pa. D. & C.4th 249 (2001).
· cites it 2× “508, §2, as amended, 20 Pa.C.S. §5513 (2000 Supp.). . In this regard, it is interesting to note that another recent attempt to have Ms.”
Review & Vacatur of Local Orphans' Court Rules (Pa. 2018).
“1(a)(5) (requiring the court to specify duration of guardianship), rather than emergency guardianships that terminate as a matter of statute pursuant to 20 Pa.C.S. § 5513. When a guardian has filed a reporting form or inventory form with the clerk, Rule 14.”
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