Orphans Court FAQ

 

Q: How do you file a guardianship of the person for an incapacitated adult? 

Q: How do you file a guardianship of the estate for an incapacitated adult? 

Q: How do you open a decedent's estate? Q: How do you file for an adoption of a child? 

Q: How do you involuntarily commit a person who is severely mentally ill and a danger to themselves or others? 

Q: How do you amend a birth record to change or add correct information? 

Q: How do you create a special needs trust for someone? 

Q: How do you file for a guardianship of the person of a minor? 

Q: How do you file for a guardianship of the estate of a minor? 

Q: How do you file to seek an expungement of an involuntary commitment record? 

The answers to all of these questions tend to be legally complicated. It is always recommended that the person seeking help with these questions seek the assistance of an Attorney. 

The most basic answer in layman's terms to all of the questions above begins with the filing of a petition in the Department of Court-Records/Orphans' Court Division. In turn, the petition is forwarded to Orphans' Court located in the Frick Building. At that point it will be brought before a Judge who will make a decision in the matter or make a determination that a hearing in the matter needs to be scheduled. If the matter in question is determined to be of an emergency nature that must be dealt with immediately, the petitioner will be directed to file an emergency petition for a motion to be heard in front of a Judge in Orphans' Court located in the Frick Building which usually will be heard the following day. Depending on the severity of the situation, the motion may possibly be heard immediately.

 

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