SUBCHAPTER D
POWERS, DUTIES AND LIABILITIES OF GUARDIANS
Sec.
5521. Provisions concerning powers, duties and liabilities.
5522. Power to lease.
5523. Collateral attack.
5524. Effect of determination of incapacity.
5525. Notice to Commonwealth and political subdivisions.
§ 5521. Provisions concerning powers, duties and liabilities.
(a) Duty of guardian of the person.--It shall be the duty of the guardian of the person to assert the rights and best interests
of the incapacitated person. Expressed wishes and preferences of the incapacitated
person shall be respected to the greatest possible extent. Where appropriate, the
guardian shall assure and participate in the development of a plan of supportive services
to meet the person's needs which explains how services will be obtained. The guardian
shall also encourage the incapacitated person to participate to the maximum extent
of his abilities in all decisions which affect him, to act on his own behalf whenever
he is able to do so and to develop or regain, to the maximum extent possible, his
capacity to manage his personal affairs.
(b) Duty of guardian of the estate.--The provisions concerning the powers, duties and liabilities of guardians of incapacitated
persons' estates shall be the same as those set forth in the following provisions
of this title relating to personal representatives of decedents' estates and guardians
of minors' estates:
Section 3313 (relating to liability insurance).
Section 3314 (relating to continuation of business).
Section 3315 (relating to incorporation of estate's business).
Section 3317 (relating to claims against co-fiduciary).
Section 3318 (relating to revival of judgments against personal representative).
Section 3319 (relating to power of attorney; delegation of power over subscription
rights and fractional shares; authorized delegations).
Section 3320 (relating to voting stock by proxy).
Section 3321 (relating to nominee registration; corporate fiduciary as agent; deposit
of securities in a clearing corporation; book-entry securities).
Section 3322 (relating to acceptance of deed in lieu of foreclosure).
Section 3323 (relating to compromise of controversies).
Section 3324 (relating to death or incapacity of fiduciary).
Section 3327 (relating to surviving or remaining personal representatives).
Section 3328 (relating to disagreement of personal representatives).
Section 3331 (relating to liability of personal representative on contracts).
Section 3332 (relating to inherent powers and duties).
Section 3355 (relating to restraint of sale).
Section 3356 (relating to purchase by personal representative).
Section 3359 (relating to record of proceedings; county where real estate lies).
Section 3360 (relating to contracts, inadequacy of consideration or better offer;
brokers' commissions).
Section 3372 (relating to substitution of personal representative in pending action
or proceedings).
Section 3374 (relating to death or removal of fiduciary).
Section 3390 (relating to specific performance of contracts).
Section 5141 (relating to possession of real and personal property).
Section 5142 (relating to inventory).
Section 5143 (relating to abandonment of property).
Section 5145 (relating to investments).
Section 5146 (relating to guardian named in conveyance).
Section 5147 (relating to proceedings against guardian).
Section 5151 (relating to power to sell personal property).
Section 5154 (relating to title of purchaser).
Section 5155 (relating to order of court).
(c) Reports.--
(1) Each guardian of an incapacitated person shall file with the court appointing him
a report, at least once within the first 12 months of his appointment and at least
annually thereafter, attesting to the following:
(i) Guardian of the estate:
(A) current principal and how it is invested;
(B) current income;
(C) expenditures of principal and income since the last report; and
(D) needs of the incapacitated person for which the guardian has provided since the last
report.
(ii) Guardian of the person:
(A) current address and type of placement of the incapacitated person;
(B) major medical or mental problems of the incapacitated person;
(C) a brief description of the incapacitated person's living arrangements and the social,
medical, psychological and other support services he is receiving;
(D) the opinion of the guardian as to whether the guardianship should continue or be terminated
or modified and the reasons therefor; and
(E) number and length of times the guardian visited the incapacitated person in the past
year.
(2) Within 60 days of the death of the incapacitated person or an adjudication of capacity
and modification of existing orders, the guardian shall file a final report with the
court.
(3) No less than quarterly, the clerk of the orphans' court shall transmit to the court
a list of guardians who are delinquent at least 30 days in filing the reports required
under this section. The court shall take appropriate enforcement action against such
guardians.
(4) The court shall develop a procedure for the examination of the annual reports to ensure
that the guardians are acting in the best interests of the incapacitated persons.
(d) Powers and duties only granted by court.--Unless specifically included in the guardianship order after specific findings of
fact or otherwise ordered after a subsequent hearing with specific findings of fact,
a guardian or emergency guardian shall not have the power and duty to:
(1) Consent on behalf of the incapacitated person to an abortion, sterilization, psychosurgery,
electroconvulsive therapy or removal of a healthy body organ.
(2) Prohibit the marriage or consent to the divorce of the incapacitated person.
(3) Consent on behalf of the incapacitated person to the performance of any experimental
biomedical or behavioral medical procedure or participation in any biomedical or behavioral
experiment.
(e) Knowledge of objection.--In a hearing to determine whether a guardian shall be ordered to consent to a specific
act or omission, if the guardian knows or has reason to know of the incapacitated
person's objection to the action or omission, whether such objection had been expressed
prior or subsequent to the determination of incapacity, the guardian shall report
to the court such knowledge or information.
(f) Powers and duties not granted to guardian.--The court may not grant to a guardian powers controlled by other statute, including,
but not limited to, the power:
(1) To admit the incapacitated person to an inpatient psychiatric facility or State center
for the mentally retarded.
(2) To consent, on behalf of the incapacitated person, to the relinquishment of the person's
parental rights.
(g) Criminal and civil immunity.--In the absence of gross negligence, recklessness or intentional misconduct, a unit
of local government, nonprofit corporation or guardianship support agency under Subchapter
F (relating to guardianship support) appointed as a guardian shall not be criminally
liable or civilly liable for damages for performing duties as a guardian of the person,
as authorized under this chapter.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982, P.L.45, No.26, eff. imd.;
Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60
days; Oct. 24, 2018, P.L.724, No.114, eff. 60 days)
2018 Amendment. Act 114 added subsec. (c)(3) and (4).
1999 Amendment. Act 39 amended subsec. (b). See section 13(8) of Act 39 in the appendix to this title
for special provisions relating to applicability.
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating
to applicability.
Cross References. Section 5521 is referred to in section 5553 of this title.
Notes of Decisions
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
· cites it 4× “” 20 Pa.C.S. § 5521(a) (emphasis added). This legislative command that a guardian must encourage an incapacitated person’s participation in decisions that affect him does not mean that the guardian relinquishes her exclusive, court-ordered decision-making authorities.”
In Re Fiori, 652 A.2d 1350 (Pa. Super. Ct. 1995).
· cites it 6× “7) If the court deems it appropriate to appoint a guardian of the person "[i]t shall be the duty of the guardian to assert the rights and best interests of the incapacitated person", with the caveat that the "expressed wishes and preferences" of the incapacitated person shall be…”
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
· cites it 10× “¶ 15 The statutory provision governing the duties and powers of a guardian is contained in 20 Pa.C.S. § 5521. In pertinent part, this proviso states: *978 § 5521, Provisions concerning powers, duti es and liabilities (a) DUTY OF GUARDIAN OF THE PERSON.”
Commonwealth v. Scher, 803 A.2d 1204 (Pa. 2002).
· cites it 2× “§ 1520 (adjudication alternative program); 42 Pa.C.S. § 6342 (court-appointed special advocates); 42 Pa.”
In re Est. of Rosengarten, 871 A.2d 1249 (Pa. Super. Ct. 2005).
“Even when a guardian is in disagreement with the incapacitated person, 20 Pa.C.S. § 5521(e) requires that the divergence be revealed: Knowledge Of Objection.”
In re D.L.H., 2 A.3d 505 (Pa. 2010).
“20 Pa.C.S. § 5521(f). Thus, Appellants argue that, as David’s plenary guardians, they are the appropriate legal surrogates empowered to vindicate his right to decline medical intervention, even where such treatment would be necessary to preserve David’s life.”
In re Est. of Schram, 696 A.2d 1206 (Pa. Commw. Ct. 1997).
· cites it 2× “20 Pa.C.S. § 5521(c)(1)(i). . Section 5536(a) of the Code provides; § 5536.”
In Re Easly, 771 A.2d 844 (Pa. Commw. Ct. 2001).
· cites it 2× “Section 5521(0 of the Incapacitated Persons Act, 20 Pa.C.S. § 5521(0, provides that a court may not grant to a guardian powers controlled by other statute including the power to admit the incapacitated person to an inpatient psychiatric facility or State center for the mentally…”
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987).
· cites it 2× “[See 20 Pa.Cons.Stat.Ann § 5521(1)], who is empowered to “sell, at public or private sale, any personal property of the [incompetent].”
Patnesky v. Unemployment Comp. Bd. of Review, 200 A.3d 107 (Pa. Commw. Ct. 2018).
“" 20 Pa. C.S. §§ 5521(a), 3319(a). The Code provides that an "act performed by an agent pursuant to a power of attorney has the same effect .”
In Re Dlh, 2 A.3d 505 (Pa. 2010).
“20 Pa.C.S. § 5521(f). Thus, Appellants argue that, as David's plenary guardians, they are the appropriate legal surrogates empowered to vindicate his right to decline medical intervention, even where such treatment would be necessary to preserve David's life.”
In re Bear, 44 Pa. D. & C.4th 225 (1999).
· cites it 3× “20 Pa.C.S. §5521(a). The Bears’ interest is also direct since the proposed consequence of the action is the potential reloca *236 tion of their son from his home of 44 years which may potentially affect his quality of life and lifespan.”
— 20 Pa. Cons. Stat. § 5521(1) — 1 case
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987).
“[See 20 Pa.Cons.Stat.Ann § 5521(1)], who is empowered to “sell, at public or private sale, any personal property of the [incompetent].”
— 20 Pa. Cons. Stat. § 5521(22) — 1 case
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987).
“[See 20 Pa.Cons.Stat.Ann § 5521(1)], who is empowered to “sell, at public or private sale, any personal property of the [incompetent].”
— 20 Pa. Cons. Stat. § 5521(a) — 8 cases
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
“” 20 Pa.C.S. § 5521(a) (emphasis added). This legislative command that a guardian must encourage an incapacitated person’s participation in decisions that affect him does not mean that the guardian relinquishes her exclusive, court-ordered decision-making authorities.”
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
“¶ 15 The statutory provision governing the duties and powers of a guardian is contained in 20 Pa.C.S. § 5521. In pertinent part, this proviso states: *978 § 5521, Provisions concerning powers, duti es and liabilities (a) DUTY OF GUARDIAN OF THE PERSON.”
Patnesky v. Unemployment Comp. Bd. of Review, 200 A.3d 107 (Pa. Commw. Ct. 2018).
“" 20 Pa. C.S. §§ 5521(a), 3319(a). The Code provides that an "act performed by an agent pursuant to a power of attorney has the same effect .”
In re Bear, 44 Pa. D. & C.4th 225 (1999).
“20 Pa.C.S. §5521(a). The Bears’ interest is also direct since the proposed consequence of the action is the potential reloca *236 tion of their son from his home of 44 years which may potentially affect his quality of life and lifespan.”
— 20 Pa. Cons. Stat. § 5521(b) — 2 cases
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
“¶ 15 The statutory provision governing the duties and powers of a guardian is contained in 20 Pa.C.S. § 5521. In pertinent part, this proviso states: *978 § 5521, Provisions concerning powers, duti es and liabilities (a) DUTY OF GUARDIAN OF THE PERSON.”
— 20 Pa. Cons. Stat. § 5521(c) — 2 cases
— 20 Pa. Cons. Stat. § 5521(c)(1) — 1 case
— 20 Pa. Cons. Stat. § 5521(c)(1)(i) — 1 case
In re Est. of Schram, 696 A.2d 1206 (Pa. Commw. Ct. 1997).
“20 Pa.C.S. § 5521(c)(1)(i). . Section 5536(a) of the Code provides; § 5536.”
— 20 Pa. Cons. Stat. § 5521(c)(2) — 2 cases
— 20 Pa. Cons. Stat. § 5521(c)(3) — 1 case
— 20 Pa. Cons. Stat. § 5521(c)(l)(i) — 1 case
In re Est. of Schram, 696 A.2d 1206 (Pa. Commw. Ct. 1997).
“20 Pa.C.S. § 5521(c)(1)(i). . Section 5536(a) of the Code provides; § 5536.”
— 20 Pa. Cons. Stat. § 5521(d) — 3 cases
In Re Fiori, 652 A.2d 1350 (Pa. Super. Ct. 1995).
“7) If the court deems it appropriate to appoint a guardian of the person "[i]t shall be the duty of the guardian to assert the rights and best interests of the incapacitated person", with the caveat that the "expressed wishes and preferences" of the incapacitated person shall be…”
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
“¶ 15 The statutory provision governing the duties and powers of a guardian is contained in 20 Pa.C.S. § 5521. In pertinent part, this proviso states: *978 § 5521, Provisions concerning powers, duti es and liabilities (a) DUTY OF GUARDIAN OF THE PERSON.”
— 20 Pa. Cons. Stat. § 5521(d)(1) — 1 case
In re D.L.H., 967 A.2d 971 (Pa. Super. Ct. 2009).
“¶ 15 The statutory provision governing the duties and powers of a guardian is contained in 20 Pa.C.S. § 5521. In pertinent part, this proviso states: *978 § 5521, Provisions concerning powers, duti es and liabilities (a) DUTY OF GUARDIAN OF THE PERSON.”
— 20 Pa. Cons. Stat. § 5521(e) — 1 case
In re Est. of Rosengarten, 871 A.2d 1249 (Pa. Super. Ct. 2005).
“Even when a guardian is in disagreement with the incapacitated person, 20 Pa.C.S. § 5521(e) requires that the divergence be revealed: Knowledge Of Objection.”
— 20 Pa. Cons. Stat. § 5521(f) — 5 cases
In re D.L.H., 2 A.3d 505 (Pa. 2010).
“20 Pa.C.S. § 5521(f). Thus, Appellants argue that, as David’s plenary guardians, they are the appropriate legal surrogates empowered to vindicate his right to decline medical intervention, even where such treatment would be necessary to preserve David’s life.”
In Re Easly, 771 A.2d 844 (Pa. Commw. Ct. 2001).
“Section 5521(0 of the Incapacitated Persons Act, 20 Pa.C.S. § 5521(0, provides that a court may not grant to a guardian powers controlled by other statute including the power to admit the incapacitated person to an inpatient psychiatric facility or State center for the mentally…”
In Re Dlh, 2 A.3d 505 (Pa. 2010).
“20 Pa.C.S. § 5521(f). Thus, Appellants argue that, as David's plenary guardians, they are the appropriate legal surrogates empowered to vindicate his right to decline medical intervention, even where such treatment would be necessary to preserve David's life.”
In re Bear, 44 Pa. D. & C.4th 225 (1999).
“20 Pa.C.S. §5521(a). The Bears’ interest is also direct since the proposed consequence of the action is the potential reloca *236 tion of their son from his home of 44 years which may potentially affect his quality of life and lifespan.”
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