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PRIOR PRINTER'S NO. 2724 PRINTER'S NO. 3320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2106
Session of
2025
INTRODUCED BY SALISBURY, WAXMAN, WEBSTER, SANCHEZ, McNEILL,
RIVERA, HILL-EVANS, INGLIS, FRANKEL, FREEMAN, CEPEDA-FREYTIZ
AND NEILSON, DECEMBER 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 29, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in incapacitated persons,
further providing for petition and hearing and independent
evaluation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a) of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5511. Petition and hearing; independent evaluation.
(a) Resident.--The court, upon petition and hearing and upon
the presentation of clear and convincing evidence, may find a
person domiciled in the Commonwealth to be incapacitated and
appoint a guardian or guardians of his person or estate. The
following procedures apply:
(1) The petitioner may be any person interested in the
alleged incapacitated person's welfare.
(2) The court may dismiss a proceeding where it
determines that the proceeding has not been instituted to aid
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or benefit the alleged incapacitated person or that the
petition is incomplete or fails to provide sufficient facts
to proceed.
(3) Written notice of the petition and hearing shall be
given in large type and in simple language to the alleged
incapacitated person. The following apply to the notice:
(i) The notice shall indicate the purpose and
seriousness of the proceeding and the rights that can be
lost as a result of the proceeding. [It]
(ii) The notice shall include the date, time and
place of the hearing and an explanation of all rights.
(iii) The Supreme Court shall establish a uniform
citation for [this purpose] the purpose of this
paragraph.
(iv) A copy of the petition shall be attached to the
notice.
(4) Personal service shall be made on the alleged
incapacitated person, and the contents and terms of the
petition shall be explained to the maximum extent possible in
language and terms the individual is most likely to
understand. The following apply to service UPON THE ALLEGED
INCAPACITATED PERSON and notice TO OTHER INTERESTED PARTIES :
(i) Service shall be no less than 20 days in advance
of the hearing. [In addition, notice]
(ii) Notice of the petition and hearing shall be
given in [such manner as the court shall direct]
ACCORDANCE WITH THE PENNSYLVANIA RULES OF ORPHANS' COURT
PROCEDURE to [all]:
(A) All ADULT persons [residing within the
Commonwealth who are sui juris and] WHO would be
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entitled to share in the estate of the alleged
incapacitated person if he died intestate at that
time[, to the].
(B) The person or institution providing
residential services to the alleged incapacitated
person [and to such other].
(C) EACH PERSON WITH WHOM THE ALLEGED
INCAPACITATED PERSON RESIDES.
(D) A PERSON NAMED AS AN AGENT UNDER A FINANCIAL
POWER OF ATTORNEY, HEALTH CARE POWER OF ATTORNEY,
ADVANCE HEALTH CARE DIRECTIVE OR MENTAL HEALTH CARE
POWER OF ATTORNEY UNDER CHAPTER 54 (RELATING TO
HEALTH CARE), 56 (RELATING TO POWERS OF ATTORNEY) OR
58 (RELATING TO MENTAL HEALTH CARE), IF KNOWN TO THE
PETITIONER AT THE TIME THE PETITION IS FILED, AND AN
ATTORNEY KNOWN TO THE PETITIONER TO REPRESENT THE
ALLEGED INCAPACITATED PERSON.
(C) (E) Other parties as the court may direct,
including other service providers.
(iii) If notice cannot be given to any of the
persons OR INSTITUTIONS listed under subparagraph (ii),
notice of the petition and hearing shall be given in such
manner as the court shall direct to:
(A) Each person with whom the alleged
incapacitated person resides.
(B) The following persons who are known to the
petitioner or whose existence and address can be
ascertained by the petitioner with reasonably
diligent efforts:
(I) At least one, but not more than three,
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of the living relatives of the alleged
incapacitated person in the nearest degree of
kinship.
(II) Any person or entity that has
demonstrated a genuine interest in promoting
ACCORDANCE WITH THE PENNSYLVANIA RULES OF
ORPHANS' COURT PROCEDURE TO A PERSON THAT THE
COURT, UPON HEARING, IS SATISFIED HAS
DEMONSTRATED A GENUINE INTEREST IN THE WELFARE OF
THE ALLEGED INCAPACITATED PERSON AND PROMOTING
the best interests of the alleged incapacitated
person, such as by having a personal relationship
with the person, regularly visiting the person or
regularly communicating with the person.
(5) The hearing may be closed to the public and without
a jury unless the alleged incapacitated person or his counsel
objects.
(6) The hearing shall be closed and with or without a
jury if the person alleged to be incapacitated or his counsel
so requests.
(7) The hearing may be held at the residence of the
alleged incapacitated person.
(8) The alleged incapacitated person shall be present at
the hearing unless:
[(1) the court is satisfied, upon the deposition or
testimony of or sworn statement by a physician or licensed
psychologist, that his physical or mental condition would be
harmed by his presence; or
(2) it is impossible for him to be present because of
his absence from the Commonwealth. It shall not be necessary
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for the alleged incapacitated person to be represented by a
guardian ad litem in the proceeding.]
(i) the court is satisfied, upon the deposition or
testimony of or sworn statement by a physician or
licensed psychologist, that his physical or mental
condition would be harmed by his presence; or
(ii) it is impossible for him to be present because
of his absence from the Commonwealth. It shall not be
necessary for the alleged incapacitated person to be
represented by a guardian ad litem in the proceeding.
* * *
Section 2. This act shall take effect in 60 days.
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