5512.1 - Determination of incapacity and appointment of guardian.

     § 5512.1.  Determination of incapacity and appointment of                guardian.        (a)  Determination of incapacity.--In all cases, the court     shall consider and make specific findings of fact concerning:            (1)  The nature of any condition or disability which        impairs the individual's capacity to make and communicate        decisions.            (2)  The extent of the individual's capacity to make and        communicate decisions.            (3)  The need for guardianship services, if any, in light        of such factors as the availability of family, friends and        other supports to assist the individual in making decisions        and in light of the existence, if any, of advance directives        such as durable powers of attorney or trusts.            (4)  The type of guardian, limited or plenary, of the        person or estate needed based on the nature of any condition        or disability and the capacity to make and communicate        decisions.            (5)  The duration of the guardianship.            (6)  The court shall prefer limited guardianship.        (b)  Limited guardian of the person.--Upon a finding that the     person is partially incapacitated and in need of guardianship     services, the court shall enter an order appointing a limited     guardian of the person with powers consistent with the court's     findings of limitations, which may include:            (1)  General care, maintenance and custody of the        incapacitated person.            (2)  Designating the place for the incapacitated person        to live.            (3)  Assuring that the incapacitated person receives such        training, education, medical and psychological services and        social and vocational opportunities, as appropriate, as well        as assisting the incapacitated person in the development of        maximum self-reliance and independence.            (4)  Providing required consents or approvals on behalf        of the incapacitated person.        (c)  Plenary guardian of the person.--The court may appoint a     plenary guardian of the person only upon a finding that the     person is totally incapacitated and in need of plenary     guardianship services.        (d)  Limited guardian of the estate.--Upon a finding that the     person is partially incapacitated and in need of guardianship     services, the court shall enter an order appointing a limited     guardian of the estate with powers consistent with the court's     finding of limitations, which shall specify the portion of     assets or income over which the guardian of the estate is     assigned powers and duties.        (e)  Plenary guardian of the estate.--A court may appoint a     plenary guardian of the estate only upon a finding that the     person is totally incapacitated and in need of plenary     guardianship services.        (f)  No presumption.--No presumption of incapacity shall be     raised from the alleged incapacitated person's     institutionalization.        (g)  Legal rights retained.--Except in those areas designated     by court order as areas over which the limited guardian has     power, a partially incapacitated person shall retain all legal     rights.        (h)  Information as to rights.--At the conclusion of a     proceeding in which the person has been adjudicated     incapacitated, the court shall assure that the person is     informed of his right to appeal and to petition to modify or     terminate the guardianship.     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)        1992 Amendment.  Act 24 added section 5512.1. See section 21     of Act 24 in the appendix to this title for special provisions     relating to applicability.