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In re Order Adopting Rule 1.40 and Amending Note to Rule 14.8 of Pennsylvania Orphans' Court Rules

Supreme Court of Pennsylvania

January 2, 2020

IN RE: ORDER ADOPTING RULE 1.40 AND AMENDING THE NOTE TO RULE 14.8 OF THE PENNSYLVANIA ORPHANS' COURT RULES

         SUPREME COURT RULES DOCKET

          ORDER

          PER CURIAM

         AND NOW, this 2nd day of January, 2020, upon the recommendation of the Orphans' Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

         It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1.40 of the Pennsylvania Orphans' Court Rules is adopted in the attached form and that the Note to Rule 14.8 of the Pennsylvania Orphans' Court Rules is amended in the attached form.

         This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on April 1, 2020.

         Rule 1.40. In Forma Pauperis

Pa.R.C.P. No. 240 shall apply in every action or proceeding before a court covered by these Rules.

         Explanatory Comment: Under Pa.R.C.P. No. 240, a party who is found by the court to be without financial resources to pay the costs of filing a legal paper or other costs of an action or proceeding before the court shall have such costs waived. This Rule does not apply in matters before a Register of Wills.

         Rule 14.8. Guardianship Reporting, Monitoring, Review, and Compliance

(a) Reporting. A guardian shall file the following reports with the clerk:
(1) An inventory by the guardian of the estate within 90 days of such guardian's appointment;
(2) An annual report by the guardian of the estate of an incapacitated person one year after appointment and annually thereafter;
(3) An annual report by the guardian of the person one year after appointment and annually thereafter;
(4) A final report by the guardian of the person and the guardian of the estate within 60 days of the death of the incapacitated person, an adjudication of capacity, a change of guardian, or the ...

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