Rule 350 Procedures in proceedings for appointment of conservator for a missing, disappeared or detained person

(a) Applicability of Rule. This Rule applies to proceedings for appointment of a conservator or for a protective order for a missing person. The term missing person shall include, but is not limited to: a person detained by a foreign power or by someone other than a foreign power; and a person who has disappeared.

(b) Petition. A petition for the appointment of a conservator (general, limited, or special) or for a protective order for a missing person may be based on the need of an individual other than the missing person. The proceeding shall be initiated by any person who is interested in the estate, affairs, or welfare of the missing person by filing a petition using the format of Form IV- A, together with a notice of hearing (Form IV-B), a proposed order appointing counsel (Form I-E), and the filing fee, if required.

(c) Notice of hearing. Upon the filing of a petition, the Court must schedule a hearing. The petition and notice of hearing must be served upon those persons listed in Rule 325 and in accordance with Rule 311 (a).

(d) Counsel. Subsequent to the filing of a petition, the Court shall promptly enter an order appointing an attorney to represent the subject of the petition. If the petition discloses that the subject of the petition is represented by counsel, the Court shall appoint such person unless good cause to the contrary exists. The Register of Wills shall serve a copy of the petition, order of appointment and notice of hearing on the appointed counsel, and appointed counsel shall forthwith file a notice of appearance (Form I-D). Counsel shall file and serve on all persons entitled to notice a written report no later than ten days before the scheduled hearing.

(e) Examiner or visitor. No examiner or visitor shall be appointed in a proceeding for a missing person.

(f) Pleadings prior to hearing. No later than 5 days prior to the hearing, all parties and persons entitled to participate at the hearing shall file and serve, if appropriate:

(1) A responsive pleading which shall contain any admissions or denials of allegations in the petition, a statement of position and any prayers for relief; and

(2) A statement indicating whether or not the proceeding may be resolved at the hearing and, if so, the issues which must be determined by the Court at the hearing in order to effect that resolution and, if not, what issues remain to be determined and the best means for determining them.

(g) Hearing.

(1) Unless the proceeding can be resolved at the hearing, the Court shall set a trial date and a date for a pretrial conference, if necessary. Pretrial statements substantially in the format set forth in PD Form II-I shall be filed and served by all parties not later than five days before the pretrial conference.

(2) After a petition is filed and is pending, the Court may conduct a preliminary hearing without notice and enter an order preserving and applying the property of the missing individual for the support of the individual or his or her dependents.