5521 - Provisions concerning powers, duties and liabilities.

                               SUBCHAPTER D               POWERS, DUTIES AND LIABILITIES OF GUARDIANS     Sec.     5521.  Provisions concerning powers, duties and liabilities.     5522.  Power to lease.     5523.  Collateral attack.     5524.  Effect of determination of incapacity.     5525.  Notice to Commonwealth and political subdivisions.     § 5521.  Provisions concerning powers, duties and liabilities.        (a)  Duty of guardian of the person.--It shall be the duty of     the guardian of the person to assert the rights and best     interests of the incapacitated person. Expressed wishes and     preferences of the incapacitated person shall be respected to     the greatest possible extent. Where appropriate, the guardian     shall assure and participate in the development of a plan of     supportive services to meet the person's needs which explains     how services will be obtained. The guardian shall also encourage     the incapacitated person to participate to the maximum extent of     his abilities in all decisions which affect him, to act on his     own behalf whenever he is able to do so and to develop or     regain, to the maximum extent possible, his capacity to manage     his personal affairs.        (b)  Duty of guardian of the estate.--The provisions     concerning the powers, duties and liabilities of guardians of     incapacitated persons' estates shall be the same as those set     forth in the following provisions of this title relating to     personal representatives of decedents' estates and guardians of     minors' estates:            Section 3313 (relating to liability insurance).            Section 3314 (relating to continuation of business).            Section 3315 (relating to incorporation of estate's        business).            Section 3317 (relating to claims against co-fiduciary).            Section 3318 (relating to revival of judgments against        personal representative).            Section 3319 (relating to power of attorney; delegation        of power over subscription rights and fractional shares;        authorized delegations).            Section 3320 (relating to voting stock by proxy).            Section 3321 (relating to nominee registration; corporate        fiduciary as agent; deposit of securities in a clearing        corporation; book-entry securities).            Section 3322 (relating to acceptance of deed in lieu of        foreclosure).            Section 3323 (relating to compromise of controversies).            Section 3324 (relating to death or incapacity of        fiduciary).            Section 3327 (relating to surviving or remaining personal        representatives).            Section 3328 (relating to disagreement of personal        representatives).            Section 3331 (relating to liability of personal        representative on contracts).            Section 3332 (relating to inherent powers and duties).            Section 3355 (relating to restraint of sale).            Section 3356 (relating to purchase by personal        representative).            Section 3359 (relating to record of proceedings; county        where real estate lies).            Section 3360 (relating to contracts, inadequacy of        consideration or better offer; brokers' commissions).            Section 3372 (relating to substitution of personal        representative in pending action or proceedings).            Section 3374 (relating to death or removal of fiduciary).            Section 3390 (relating to specific performance of        contracts).            Section 5141 (relating to possession of real and personal        property).            Section 5142 (relating to inventory).            Section 5143 (relating to abandonment of property).            Section 5145 (relating to investments).            Section 5146 (relating to guardian named in conveyance).            Section 5147 (relating to proceedings against guardian).            Section 5151 (relating to power to sell personal        property).            Section 5154 (relating to title of purchaser).            Section 5155 (relating to order of court).        (c)  Reports.--            (1)  Each guardian of an incapacitated person shall file        with the court appointing him a report, at least once within        the first 12 months of his appointment and at least annually        thereafter, attesting to the following:                (i)  Guardian of the estate:                    (A)  current principal and how it is invested;                    (B)  current income;                    (C)  expenditures of principal and income since                the last report; and                    (D)  needs of the incapacitated person for which                the guardian has provided since the last report.                (ii)  Guardian of the person:                    (A)  current address and type of placement of the                incapacitated person;                    (B)  major medical or mental problems of the                incapacitated person;                    (C)  a brief description of the incapacitated                person's living arrangements and the social, medical,                psychological and other support services he is                receiving;                    (D)  the opinion of the guardian as to whether                the guardianship should continue or be terminated or                modified and the reasons therefor; and                    (E)  number and length of times the guardian                visited the incapacitated person in the past year.            (2)  Within 60 days of the death of the incapacitated        person or an adjudication of capacity and modification of        existing orders, the guardian shall file a final report with        the court.        (d)  Powers and duties only granted by court.--Unless     specifically included in the guardianship order after specific     findings of fact or otherwise ordered after a subsequent hearing     with specific findings of fact, a guardian or emergency guardian     shall not have the power and duty to:            (1)  Consent on behalf of the incapacitated person to an        abortion, sterilization, psychosurgery, electroconvulsive        therapy or removal of a healthy body organ.            (2)  Prohibit the marriage or consent to the divorce of        the incapacitated person.            (3)  Consent on behalf of the incapacitated person to the        performance of any experimental biomedical or behavioral        medical procedure or participation in any biomedical or        behavioral experiment.        (e)  Knowledge of objection.--In a hearing to determine     whether a guardian shall be ordered to consent to a specific act     or omission, if the guardian knows or has reason to know of the     incapacitated person's objection to the action or omission,     whether such objection had been expressed prior or subsequent to     the determination of incapacity, the guardian shall report to     the court such knowledge or information.        (f)  Powers and duties not granted to guardian.--The court     may not grant to a guardian powers controlled by other statute,     including, but not limited to, the power:            (1)  To admit the incapacitated person to an inpatient        psychiatric facility or State center for the mentally        retarded.            (2)  To consent, on behalf of the incapacitated person,        to the relinquishment of the person's parental rights.        (g)  Criminal and civil immunity.--In the absence of gross     negligence, recklessness or intentional misconduct, a unit of     local government, nonprofit corporation or guardianship support     agency under Subchapter F (relating to guardianship support)     appointed as a guardian shall not be criminally liable or     civilly liable for damages for performing duties as a guardian     of the person, as authorized under this chapter.     (Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982,     P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60     days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)        1999 Amendment.  Act 39 amended subsec. (b). See section     13(8) of Act 39 in the appendix to this title for special     provisions relating to applicability.        1992 Amendment.  See section 21 of Act 24 in the appendix to     this title for special provisions relating to applicability.        Cross References.  Section 5521 is referred to in section     5553 of this title.