CHAPTER 6
PROCEEDINGS INVOLVING
INCAPACITATED PERSONS
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Jurisdiction and Venue |
 Exclusive jurisdiction over the incapacitated person’s estate, and concurrent jurisdiction over his person, is vested in the Orphans’ Court. See PEF Code §711(10) and §712 (2). In the case of a resident incapacitated person, the guardian of the person or estate may be appointed by the Court of the county in which the incapacitated person is domiciled, is a resident, or is residing in a long-term care facility. In the case of a non-resident incapacitated person a guardian of the estate may be appointed by the Court of the county which has jurisdiction of a decedent’s estate or trust in which the incapacitated person has an interest, or if the non-resident incapacitated person’s estate is derived otherwise, the Court of any county where an asset of the incapacitated person is located. See PEF Code §§5512(a) and (b), and §721(2); Rodriguez
Estate, 6 D.&C. 2d 521 (O.C. Phila. 1956). The appointment of a guardian for a non-resident incapacitated person may be made in accordance with the same procedure for a resident incapacitated person, or it may be made upon the submission of an exemplified copy of a decree establishing his incapacity in another jurisdiction. See PEF Code §5511(b). |
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