Pennsylvania § 5512.2 - Review hearing.

§ 5512.2. Review hearing.

(a) Automatic review.--If the evidence presented during the guardianship proceeding indicates that the circumstances of the person's incapacity may change, the court shall hold a review hearing to determine whether the guardianship continues to be necessary. The court shall set the date for a review hearing under this subsection in the court's order establishing guardianship. The review hearing under this subsection shall be held no later than one year from the date of the order establishing the guardianship. The hearing shall be conducted in the presence of the incapacitated person and the person's attorney, and the court shall adhere to the procedures and standards as outlined in section 5512.1(a) (relating to determination of incapacity and appointment of guardian). If, following the presentation of evidence and testimony from all parties, the court finds that guardianship continues to be necessary and that no less restrictive alternatives exist, the court may order that the guardianship continue. If the court finds that guardianship is no longer necessary or a less restrictive alternative exists, the court shall discharge the guardianship. In determining whether the circumstances of the person's incapacity may change, the court may consider any of the following:

(1) whether the incapacity could be adequately managed by medication, rehabilitation or other means;

(2) whether the potential exists for the incapacitated person to regain physical or cognitive capacity;

(3) the opinion of a medical professional or other qualified expert who has personally examined the incapacitated person;

(4) the circumstances of the incapacitated person's daily living, including, but not limited to, support from others; and

(5) any other factor indicating that the incapacitated person's condition could improve at a future time.

(a.1) Petition for review.--

(1) At any time following the issuance of the order establishing guardianship, any interested person may file a petition with the court to terminate or modify the guardianship.

(2) The court shall schedule the review hearing within 30 days of the filing of the petition to terminate or modify the guardianship and the review hearing shall occur no later than 60 days after the filing of the petition.

(3) The court may continue the date of the review hearing to a date more than 60 days from the filing of the petition if the court makes a written finding that rescheduling the hearing is necessary to:

(i) permit an interested party to participate;

(ii) permit counsel for the incapacitated person to participate and to be prepared;

(iii) allow for a capacity evaluation or a medical report to be completed or other medical procedure to occur; or

(iv) otherwise allow for all interested parties to be prepared for the review hearing.

(4) The hearing shall be held in the presence of the incapacitated person and the incapacitated person's attorney, and the court shall adhere to the procedures and standards as outlined in section 5512.1(a). If, following the presentation of evidence and testimony from all parties, the court finds that guardianship continues to be necessary and that no less restrictive alternatives exist, the court may order that the guardianship continue. If the court finds that guardianship is no longer necessary or a less restrictive alternative exists, the court shall discharge the guardianship.

(5) In the case of a request for a review hearing, if the same interested party has previously requested a review hearing and a hearing has been held upon the request within the past 180 days, and the new request for a review hearing does not raise any new issues or facts, the court may decline to schedule an additional review hearing for a period of 180 days.

(b) Burden of proof and rights.--The incapacitated person shall have all of the rights enumerated in this chapter. Except when the hearing is held to appoint a successor guardian, the burden of proof, by clear and convincing evidence, shall be on the party advocating continuation of guardianship or expansion of areas of incapacity.

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 14, 2023, P.L.446, No.61, eff. 180 days; Oct. 27, 2025, P.L.129, No.39, eff. 60 days)

2025 Amendment. Act 39 amended subsec. (a.1).

1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 5512.2 is referred to in section 5517 of this title.