HB 2106 — 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.

PRINTER'S NO.   2724

                      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 AND CEPEDA-
        FREYTIZ, DECEMBER 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 17, 2025


                                      AN ACT
 1   Amending Title 20 (Decedents, Estates and Fiduciaries) of the
 2      Pennsylvania Consolidated Statutes, in incapacitated persons,
 3      further providing for petition and hearing and independent
 4      evaluation.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Section 5511(a) of Title 20 of the Pennsylvania
 8   Consolidated Statutes is amended to read:
 9   § 5511.    Petition and hearing; independent evaluation.
10      (a)    Resident.--The court, upon petition and hearing and upon
11   the presentation of clear and convincing evidence, may find a
12   person domiciled in the Commonwealth to be incapacitated and
13   appoint a guardian or guardians of his person or estate. The
14   following procedures apply:
15             (1)   The petitioner may be any person interested in the
16      alleged incapacitated person's welfare.
17             (2)   The court may dismiss a proceeding where it
18      determines that the proceeding has not been instituted to aid
 1    or benefit the alleged incapacitated person or that the
 2    petition is incomplete or fails to provide sufficient facts
 3    to proceed.
 4        (3)   Written notice of the petition and hearing shall be
 5    given in large type and in simple language to the alleged
 6    incapacitated person. The following apply to the notice:
 7              (i)     The notice shall indicate the purpose and
 8        seriousness of the proceeding and the rights that can be
 9        lost as a result of the proceeding. [It]
10              (ii)    The notice shall include the date, time and
11        place of the hearing and an explanation of all rights.
12              (iii)     The Supreme Court shall establish a uniform
13        citation for [this purpose] the purpose of this
14        paragraph.
15              (iv)     A copy of the petition shall be attached to the
16        notice.
17        (4)   Personal service shall be made on the alleged
18    incapacitated person, and the contents and terms of the
19    petition shall be explained to the maximum extent possible in
20    language and terms the individual is most likely to
21    understand. The following apply to service and notice:
22              (i)     Service shall be no less than 20 days in advance
23        of the hearing. [In addition, notice]
24              (ii)    Notice of the petition and hearing shall be
25        given in such manner as the court shall direct to [all]:
26                     (A)   All persons residing within the Commonwealth
27              who are sui juris and would be entitled to share in
28              the estate of the alleged incapacitated person if he
29              died intestate at that time[, to the].
30                     (B)   The person or institution providing

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 1               residential services to the alleged incapacitated
 2               person [and to such other].
 3                   (C)   Other parties as the court may direct,
 4               including other service providers.
 5               (iii)   If notice cannot be given to any of the
 6        persons listed under subparagraph (ii), notice of the
 7        petition and hearing shall be given in such manner as the
 8        court shall direct to:
 9                   (A)   Each person with whom the alleged
10               incapacitated person resides.
11                   (B)   The following persons who are known to the
12               petitioner or whose existence and address can be
13               ascertained by the petitioner with reasonably
14               diligent efforts:
15                         (I)    At least one, but not more than three,
16                   of the living relatives of the alleged
17                   incapacitated person in the nearest degree of
18                   kinship.
19                         (II)   Any person or entity that has
20                   demonstrated a genuine interest in promoting the
21                   best interests of the alleged incapacitated
22                   person, such as by having a personal relationship
23                   with the person, regularly visiting the person or
24                   regularly communicating with the person.
25        (5)    The hearing may be closed to the public and without
26    a jury unless the alleged incapacitated person or his counsel
27    objects.
28        (6)    The hearing shall be closed and with or without a
29    jury if the person alleged to be incapacitated or his counsel
30    so requests.

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 1        (7)    The hearing may be held at the residence of the
 2    alleged incapacitated person.
 3        (8)    The alleged incapacitated person shall be present at
 4    the hearing unless:
 5        [(1)     the court is satisfied, upon the deposition or
 6    testimony of or sworn statement by a physician or licensed
 7    psychologist, that his physical or mental condition would be
 8    harmed by his presence; or
 9        (2)    it is impossible for him to be present because of
10    his absence from the Commonwealth. It shall not be necessary
11    for the alleged incapacitated person to be represented by a
12    guardian ad litem in the proceeding.]
13               (i)    the court is satisfied, upon the deposition or
14        testimony of or sworn statement by a physician or
15        licensed psychologist, that his physical or mental
16        condition would be harmed by his presence; or
17               (ii)    it is impossible for him to be present because
18        of his absence from the Commonwealth. It shall not be
19        necessary for the alleged incapacitated person to be
20        represented by a guardian ad litem in the proceeding.
21    * * *
22    Section 2.       This act shall take effect in 60 days.




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