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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5517 (2026)

 Adjudication of capacity and modification of existing orders.

✓ current as of May 2026
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§ 5517.  Adjudication of capacity and modification of existing orders.

The court, after a hearing under section 5512.2 (relating to review hearing), may order that a person previously adjudged incapacitated is no longer incapacitated or the court may find that the incapacitated person has regained or lost capacity in certain areas in which case the court shall modify the existing guardianship order.

(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 5517 is referred to in section 8123 of Title 35 (Health and Safety).

Notes of Decisions
Cited in 4 cases, 1975–1987 · leading case: Matter of Caine, 415 A.2d 13 (Pa. 1980).
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Matter of Caine, 415 A.2d 13 (Pa. 1980). · cites it 2× “Appellant is free to seek a subsequent adjudication of competency, 20 Pa.C.S. § 5517, which is to be granted if she establishes her competency by a "fair preponderance" of the evidence.”
In Re Est. of Porter, 345 A.2d 171 (Pa. 1975). · cites it 2× “293, § 19) (reenacted as 20 Pa.C.S. § 5517 (Special Pamphlet, 1975)).”
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987). “[See 20 Pa.Cons.Stat.Ann. § 5517.] Beyond the direct legal consequences, an incompetent may suffer severe social, commercial, and psychological effects.”
Schofield Est., 1 Pa. Fid. 188 (1980). “20 Pa C.S. §5517 provides for an adjudication of competency only if a person has previously been adjudged incompetent.”
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