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.
§ 5518. Evidence of incapacity.
To establish incapacity, the petitioner must present testimony, in person or by deposition
from individuals qualified by training and experience in evaluating individuals with
incapacities of the type alleged by the petitioner, which establishes the nature and
extent of the alleged incapacities and disabilities and the person's mental, emotional
and physical condition, adaptive behavior and social skills. The petition must also
present evidence regarding the services being utilized to meet essential requirements
for the alleged incapacitated person's physical health and safety, to manage the person's
financial resources or to develop or regain the person's abilities; evidence regarding
the types of assistance required by the person and as to why no less restrictive alternatives
would be appropriate; and evidence regarding the probability that the extent of the
person's incapacities may significantly lessen or change.
(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 5518 is referred to in section 5511 of this title.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1987–2022 · leading case:
Hilkmann v. Hilkmann, 858 A.2d 58 (Pa. 2004).
Hilkmann v. Hilkmann, 858 A.2d 58 (Pa. 2004).
· cites it 2× “Hilkmann guardian without receiving the required medical testimony, see 20 Pa.C.S. §§ 5518, 5518.1. According to Mr.”
In Re Hyman, 811 A.2d 605 (Pa. Super. Ct. 2002).
“acity? Did the court below err in denying [Appellant’s] request for the appointment of an independent party to evaluate his mother solely on the ground that the court had observed her and saw no need to appoint an independent evaluator? Did the court below err in dismissing…”
In Re Fiori, 652 A.2d 1350 (Pa. Super. Ct. 1995).
· cites it 2× “5) Evidence of incapacity must be by testimony or deposition from individuals qualified to evaluate the individual's incapacity, and evidence is to be elicited as to the likelihood the incapacity may significantly lessen or change, 20 Pa.C.S. § 5518. 6) The level of proof…”
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987).
“20 Pa.Cons.Stat.Ann. § 5518 (Purdon 1975) (emphasis added).”
In Re: Kline, C., an Incapacitated Person (Pa. Super. Ct. 2016).
“,7 a clinical psychologist, concluding Kline was an incapacitated person, see 20 Pa.C.S. § 5518, and in need of a guardian of the person and estate.”
In the Matter of Harper Appeal of Harper (Pa. Super. Ct. 2017).
“This evidence of record wholly satisfies the requirement of 20 Pa.C.S. §5518 that the Petitioner provide evidence of incapacity from a qualified individual.”
In Re: Est. of: Benner, S. (Pa. Super. Ct. 2018).
“20 Pa.C.S. § 5518. When determining incapacity, the court should consider and make specific findings of fact concerning the following factors: (1) The nature of any condition or disability which impairs the individual’s capacity to make and communicate decisions.”
In Re: Douglas, M., Appeal of: Douglas, C. (Pa. Super. Ct. 2019).
“20 Pa.C.S. § 5518 (emphasis added). Based upon the evidence presented by Renee and Kerrie, the Orphans’ Court painstakingly reviewed the record and entered 74 detailed findings of fact: 1.”
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.