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| Lori Cerato, Elder Law |
Pennsylvania’s Supreme Court initiated a Guardianship
Tracking System statewide in 2018. Monroe County Court of Common Pleas
went online with the system in late October. The GTS is designed for
those individuals appointed as a guardian of the person and estate of an
incapacitated person to file statutorily-mandated reports with the
Clerk of Courts for review by the court.
A court can
appoint a guardian after hearing where testimony and evidence
establishes that an individual meets the statutory criteria for a
finding of incapacity. The legal definition of an “incapacitated person”
under 20 PA. C.S. §5502 is “an adult whose ability to receive and
evaluate information effectively and communicate decisions in any way is
impaired to such a significant extent that he is partially or totally
unable to manage his financial resources or to meet essential
requirements for his physical health and safety.”
A
guardian of the estate makes financial decision and a guardian of the
person makes health care and placement decisions. The same person may
serve as guardian of both person and estate. It’s important to note that
a guardian is appointed where an individual has not executed a power of
attorney or who has, but the named agent is unable or unwilling to act
for some reason.
Once a guardian of the estate is
appointed by the court, that guardian must file an inventory within 90
days of the order appointing the guardian identifying all assets of the
incapacitated person. With the GTS, the inventory can be filed online.
On the anniversary of the order appointing the guardian of the estate,
an annual report is filed listing all income and expenses of the
incapacitated person over the prior year and stating whether there has
been any change in the assets reported in the inventory, such as the
sale of an asset, or an asset acquired after the filing of the
inventory. Similarly, the guardian of the person must file an annual
report summarizing the medical condition of the incapacitated person and
indicating how many times the guardian has seen the incapacitated
person over the prior year and the duration of the visits. These annual
reports are required to be filed every year thereafter.
In the past, the form reports were filed in paper format
with the Clerk of Courts. Now, those reports are filed online through
the GTS. Although guardians can still file paper reports, the Clerk of
Courts charges a fee of $50 per report. There is no charge for filing
reports through the GTS.
The GTS ensures that county
courts across the commonwealth can track the timely filing of the
Inventory and reports. And county courts will review the reports for
inconsistencies or oddities that might prompt the court to ask a
guardian for clarification or further information.
Full Article & Source:
Guardianship Tracking System now online
