Injuries caused by others take away people’s capacity to care for themselves and make decisions. Pennsylvania’s Orphans’ Court judges are interested in protecting the incapacitated. You, dear personal injury lawyer, want someone who can sign your fee agreement, complaint or settlement agreement. Interests collide at the unnerving intersection of Pa R.C.P. 2206 (settlement for minor or incapacitated), 42 Pa. CSA 5533 (limitations period for minors), and the properly intense Orphans’ Court rules for the process of appointing a guardian.
The rules providing for the appointment of a guardian already had to be meticulously navigated by any practitioner—now, through the Pennsylvania Legislature’s enactment of Act 61 of 2023 (Senate Bill 506; PN 843)(Act 61), the guardianship rules are changing on June 11, 2024. The new rules provide plenty more for consideration when pleading, navigating or litigating any guardianship action.
