Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations § 4606. Guardian

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(a) Petition.--Any public body or public agency caring for or assisting any indigent person may petition the court of common pleas, if the person is of full age, or the orphans' court, if the person is a minor, for a rule to show cause why the public body, public agency or some other person appointed by the court should not become the legal guardian of the person and property of the person.  The petition shall have attached an inventory of the property of the person.  The court shall schedule a hearing on the matter and shall serve notice of the hearing upon the person.

(b) Order.--After conducting a hearing pursuant to subsection (a), the court may issue an order constituting the public body, public agency or some other person, guardian of the person and the estate of the person, whether or not all of the estate was enumerated in the inventory provided under subsection (a).  The proceedings and order shall be indexed in the name of the person pursuant to court rules.

(c) Discharge.--

(1) No person for whom a guardian has been appointed under this section shall be discharged from the guardianship until the person has petitioned the court for termination.  The court may terminate the guardianship if it is satisfied that:

(i) the person has become able and willing to resume control of the person's own person and estate;  and

(ii) the public body or public agency has been fully reimbursed for the expense of the person's care or assistance or that all of the person's estate has been expended for the reimbursement.

(2) The cost of the proceedings under this subsection shall be paid by the petitioner unless otherwise ordered by the court.

(d) Leases permitted.--Under the supervision of the appropriate court, a guardian may lease the real estate of any person for a term of years and receive and apply the proceeds of the lease to defray the expenses incurred in the care or assistance and burial of the person.  The balance of the proceeds shall be paid to the person upon termination of the guardianship or to the legal representatives of the person after the person's death.

Cite this article: - Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations § 4606. Guardian - last updated January 01, 2019 |

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