Heading to PA Orphans’ Court but you’re not an orphan? This widely unknown area of the Pennsylvania court system serves many purposes but also as a source of confusion. Learn more about the specialized matters handled by this division of the Court of Common Pleas.
Adoptions in PA
First off, the good stuff! Adoptions are joyful matters for PA Orphans’ Court, and judges often relish the photo opportunities and courtroom conversations had with newly minted families. Some parents have gone through the state’s eight-step process to welcome a child into their home. Other adoptions take place as a result of kinship placement and/or the foster care system. Still others are second-parent adoptions for blended or LGBTQ families.
Regardless of how adoption came to be, the process formalizes and finalizes in PA Orphans’ Court. After a court petition to file for adoptive rights (often following the termination of biological parental rights) is granted, the adoption agency will complete an intermediary report which gathers all the domestic relations consents necessary to adopt. Once this is received and processed, the court must issue a preliminary decree announcing a future hearing to formalize the adoption, alerting notice to family members who may have legal or physical rights to the child. Barring any challenges to the adoption, a final decree will be made to complete the process.
Additionally, foreign adoption decrees should also be registered with the PA Orphans’ Court to obtain a PA birth certificate and “so that the Decree is considered full and final, enforceable as if entered pursuant to the Pennsylvania Adoption Act.”
While pro se representation is an option for the adoption process, working with an attorney who is well-versed in PA Orphans’ Court procedures for optimal results, notably should there be any adoption contests.
Guardianship in PA
The word “guardianship” invites assumptions that these matters relate to caring for a child, when in reality, it includes much broader legal actions.
Most commonly, guardianship relates to dealing with someone who has been declared incapacitated, likely due to age, memory loss, or medical conditions as a result of an accident or illness. This process begins with a petition to the PA Orphans’ Court seeking to have someone, most often a family member, declared an “Incapacitated Person,” meaning “not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent.” In addition to the petition, an expert report must be filed, witness testimony from “an individual qualified by training and experience in evaluating persons with incapacities of the type alleged by the petitioner”; this expert may be required to testify in person or by deposition. An attorney could be retained by the person being petitioned, or appointed to represent this person by the court.
Should the court confirm incapacitation, it may appoint a Guardian to make financial and property decisions on behalf of this person, in a full or limited capacity. This person will need to submit various reports to provide details of the person’s estate (income, expenses, assets), medical care, and details of their interactions while acting as Guardian. Often, an adult child seeks guardianship of their elderly parent in lieu of Powers of Attorney, so they can continue to provide care and manage their finances.
Guardianship can also apply to a child with special needs, especially as they enter adulthood but perhaps without the capacity to live independently due to physical or mental impairment.
This guardianship process is complex and guardianship rights must be renewed annually.
Estate Matters in PA
The other most common matters handled in PA Orphans’ Court are those dealing with Estates. Estate documents must be filed with the Register of Wills, which is found in—you guessed it—PA Orphans’ Court! Upon your death or incapacitation, this Court will help oversee and document the execution of these documents.
Sometimes, a Will is contested or challenged by any beneficiary named in the document, including minor children who are represented by an adult, as well as someone who feels they were omitted and would suffer hardship from execution of the Will as is. Reasons for these challenges might be belief that the deceased family member was not of a sound mind when they completed their Will (dementia or other mental illness), they were coerced into writing the Will a certain way by another family member or caretaker, or the documents are fraudulent or forged.
To contest a Will, you must undertake similar processes to adoption and guardianship:
- File a petition: along with the petition, you must include evidence to back your claim and be able to validate your status as an interested party, notably under state intestacy laws; the claim must be filed within one year from the date the Will was probated, i.e. distributed upon death
- Build a case: like with other litigious circumstances, you’ll want to establish a strong legal theory and strategy, including a discovery process that may involve depositions, forensic accounting and more; there may be an opportunity to mediate and settle your claim outside court
- Go to trial: should you not be able to reach agreement with other interested parties, a judge within the PA Orphans’ Court will preside over your hearing, which will likely include expert testimony from medical professionals and more to validate your claims; remember – you bear the burden of proof in a Will contest
If you are unsuccessful in your trial, you may be able to appeal to a higher court.
Support for your PA Orphans’ Court matter
While this division of PA courts may seem like a misnomer, it holds a lot of power and oversight when it comes to some very important personal matters for you and your family.
As the saying goes, “success has many fathers, failure is an orphan” – don’t be a failure in Orphans’ Court. With nearly two decades of experience, Attorney Graig Schultz maintains an active Orphans’ Court practice, where he litigates matters involving trusts, estates, fiduciaries, and guardianships. Contact him or another member of our Litigation & Trial Practice team to discuss your unique challenge.
