Legal Opinion

In Re Peery

Supreme Court of Pennsylvania

Decided March 25, 1999PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This case arose from a petition for declaration of incapacity and appointment of a guardian. The trial court dismissed the petition, finding that, although appellant is mentally impaired, she is not in need of guardianship services. Superior Court reversed, holding that the trial court failed to distinguish between the two separate and discrete conclusions required by 20 P.S. § 5512.1 (the guardianship statute). Superior Court held that the trial court erred by failing to make separate findings as to the statutory issues: (1) appellant’s incapacity…

2Cases cited2 opinions

  1. 2401 Pennsylvania Avenue Corp. v. Federation of Jewish AgenciesSupreme Court of Pennsylvania · 1985
  2. Lawner v. EngelbachSupreme Court of Pennsylvania · 1969

3Cited by19 opinions

  1. In re Estate of RosengartenSuperior Court of Pennsylvania · 2005
  2. In the Interest of DoeSupreme Court of Pennsylvania · 2011
  3. Estate of Phillips, R., an Alleged IncapacitatedSuperior Court of Pennsylvania · 2018
  4. Guardianship of H.T., Appeal of: H.T.Superior Court of Pennsylvania · 2022
  5. In Re: Bailey, E. Appeal of: Bailey, Sr., J.Superior Court of Pennsylvania · 2015

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