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.
§ 5524. Effect of determination of incapacity.
A partially incapacitated person shall be incapable of making any contract or gift
or any instrument in writing in those specific areas in which the person has been
found to be incapacitated. A totally incapacitated person shall be incapable of making
any contract or gift or any instrument in writing. This section shall not impair the
interest in real estate acquired by a bona fide grantee of, or a bona fide holder
of a lien on, real estate in a county other than that in which the decree establishing
the incapacity is entered, unless the decree or a duplicate original or certified
copy thereof is recorded in the office of the recorder of deeds in the county in which
the real estate lies before the recording or entering of the instrument or lien under
which the grantee or lienholder claims.
(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.
Notes of Decisions
Gavin, M., Aplts. v. Loeffelbein, E., 205 A.3d 1209 (Pa. 2019).
· cites it 2× “” 20 Pa.C.S. § 5524. This section is facially inapplicable to the alleged tortious conduct at issue here, which does not involve a contract, gift, or instrument in writing.”
Est. of A.J.M., Appeal of: Lynch Law Grp., 308 A.3d 844 (Pa. Super. Ct. 2024).
· cites it 2× “” 20 Pa.C.S. § 5524. As suggested by Appellant, this provision does not mandate a conclusive determination of incapacity.”
In re Est. of Rosengarten, 871 A.2d 1249 (Pa. Super. Ct. 2005).
“The sole legal support for this position is 20 Pa.C.S. § 5524, effect of determination of incapacity, which provides in relevant part that, “A totally incapacitated person shall be incapable of making any contract or gift or any instrument in writing.”
In re Consol. Return of the Tax Claim Bureau, 461 A.2d 1329 (Pa. Commw. Ct. 1983).
“Without determining the accuracy of that observation, we see a significant difference between the situation where one is the bona fide grantee in a deed from someone subsequently adjudicated to be an incompetent and the situation here presented where a court determinéis that at…”
In Re Est. of Wood, 533 A.2d 772 (Pa. 1987).
“] The incompetent is “incapable of making any contract or gift or any instrument in writing____” [20 Pa.Cons.Stat. Ann. § 5524.] This provision may prevent an incompetent from legally marrying, and from executing a valid will, as well as from forming enforceable business con…”
Glyder Realty Corp. Appeal, 75 Pa. Commw. 108 (Pa. Commw. Ct. 1983).
“Without determining the accuracy of that observation, we see a significant difference between the situation where one is the bona fide grantee in a deed from someone subsequently adjudicated to be an incompetent and the situation here presented where a court determines that at…”
Smalley v. JHA-Markleysburg Inc., 3 Pa. D. & C.5th 471 (2007).
“20 Pa.C.S. §5524. An “incapacitated” person is an “adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to…”
In Re: Guardianship of: H.T. (Pa. Super. Ct. 2023).
· cites it 2× “” 20 Pa.C.S. § 5524. The order at issue on appeal states, “as specified in Mr.”
In re: Brubaker, 27 Pa. D. & C.4th 220 (1994).
“20 Pa.C.S. §5524. In recent years, courts, legislators, and commentators have realized the seriousness of the deprivation of rights the appointment of guardian entails.”
Schofield Est., 1 Pa. Fid. 188 (1980).
“Finally, 20 Pa C.S. Section 5524 deals most directly with the issue.”
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.