5536 - Distributions of income and principal during incapacity.

     § 5536.  Distributions of income and principal during                incapacity.        (a)  In general.--All income received by a guardian of the     estate of an incapacitated person, including (subject to the     requirements of Federal law relating thereto) all funds received     from the Veterans' Administration, Social Security     Administration and other periodic retirement or disability     payments under private or governmental plans, in the exercise of     a reasonable discretion, may be expended in the care and     maintenance of the incapacitated person, without the necessity     of court approval. The court, for cause shown and with only such     notice as it considers appropriate in the circumstances, may     authorize or direct the payment or application of any or all of     the income or principal of the estate of an incapacitated person     for the care, maintenance or education of the incapacitated     person, his spouse, children or those for whom he was making     such provision before his incapacity, or for the reasonable     funeral expenses of the incapacitated person's spouse, child or     indigent parent. In proper cases, the court may order payment of     amounts directly to the incapacitated person for his maintenance     or for incidental expenses and may ratify payments made for     these purposes. For purposes of this subsection, the term     "income" means income as determined in accordance with the rules     set forth in Chapter 81 (relating to principal and income),     other than the power to adjust and the power to convert to a     unitrust.        (b)  Estate plan.--The court, upon petition and with notice     to all parties in interest and for good cause shown, shall have     the power to substitute its judgment for that of the     incapacitated person with respect to the estate and affairs of     the incapacitated person for the benefit of the incapacitated     person, his family, members of his household, his friends and     charities in which he was interested. This power shall include,     but is not limited to, the power to:            (1)  Make gifts, outright or in trust.            (2)  Convey, release or disclaim his contingent and        expectant interests in property, including marital property        rights and any right of survivorship incident to joint        tenancy or tenancy by the entirety.            (3)  Release or disclaim his powers as trustee, personal        representative, custodian for minors, or guardian.            (4)  Exercise, release or disclaim his powers as donee of        a power of appointment.            (5)  Enter into contracts.            (6)  Create for the benefit of the incapacitated person        or others, revocable or irrevocable trusts of his property        which may extend beyond his disability or life.            (7)  Exercise options of the incapacitated person to        purchase or exchange securities or other property.            (8)  Exercise all rights and privileges under life        insurance policies, annuity contracts or other plans or        contractual arrangements providing for payments to the        incapacitated person or to others after his death.            (9)  Exercise his right to claim or disclaim an elective        share in the estate of his deceased spouse and renounce any        interest by testate or intestate succession or by inter vivos        transfer.            (10)  Change the incapacitated person's residence or        domicile.            (11)  Modify by means of codicil or trust amendment, as        the case may be, the terms of the incapacitated person's will        or of any revocable trust created by the incapacitated        person, as the court may deem advisable in light of changes        in applicable tax laws.     In the exercise of its judgment for that of the incapacitated     person, the court, first being satisfied that assets exist which     are not required for the maintenance, support and well-being of     the incapacitated person, may adopt a plan of gifts which     results in minimizing current or prospective taxes, or which     carries out a lifetime giving pattern. The court in exercising     its judgment shall consider the testamentary and inter vivos     intentions of the incapacitated person insofar as they can be     ascertained.     (July 9, 1976, P.L.836, No.144, eff. imd.; Feb. 18, 1982,     P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60     days; Dec. 16, 1992, P.L.1163, No.152, eff. imd.; May 16, 2002,     P.L.330, No.50, eff. 60 days)        2002 Amendment.  Act 50 amended subsec. (a). See section     14(a) of Act 50 in the appendix to this title for special     provisions relating to applicability.        1992 Amendments.  Act 24 amended the entire section and Act     152 amended subsec. (b).