Rule 5 Appointment of Guardian for Insane or Incompetent

Person. Appointment by Petition or Motion. Any relative or friend may file a verified petition, or, in an existing civil or probate matter, a motion alleging that a person is insane or incompetent and that a guardian of the estate, of the person, or both, should be appointed. The petition or motion shall:

(1) Set forth the name and addresses, as far as they are known to the petitioner, of the spouse, parents, and children of the alleged insane or incompetent person residing in the Commonwealth. If none of those persons are alive, then the petition shall set forth the name and addresses of the adult siblings of the alleged insane or incompetent person;

(2) Specify the need for the guardianship as well as a general statement of the assets, and nature of the same, belonging to the proposed ward;

(3) State the relationship or connection of the petitioner to the proposed ward;

(4) State such other information as will assist the court in making its determination. Hearing. Within five days after the petition or motion is filed, the clerk of court shall set the same for hearing. Notice of Hearing. The petitioner shall thereafter cause to be issued a Notice of Hearing which shall specify the time and place of the hearing and the nature of proceedings and which shall be personally served or mailed at least ten days before such hearing date to each of such relatives as indicated above of the alleged insane or incompetent person. Opposition. Any relative or friend of the alleged insane or incompetent person may appear and oppose the petition. Attendance at Hearing. The alleged insane or incompetent person must be produced at the hearing unless satisfactory proof by affidavit or testimony of a duly licensed physician, surgeon, or medical officer shows that he is unable to attend because of physical inability. If the alleged insane or incompetent person is a patient at a hospital in the Commonwealth, an affidavit of the medical director of the hospital to the effect that such patient is unable to attend, shall be prima facie evidence of that fact.

Order Determining Insanity or Incompetence. No guardian shall be appointed pursuant to Rule 6 of these rules without a court order determining the insanity or incompetence of the proposed ward, which shall be supported by satisfactory proof by affidavit or testimony of a duly licensed physician, surgeon, or medical officer that the proposed ward is incapable of managing his or her own affairs by reason of insanity or incompetence.