Hearing Officer - Guardianship Review Hearings - Orphans' Court Division

Summary

The Guardianship Review Hearing Officer will be a hearing officer assigned to work with the Judges of the Orphans’ Court Division, performing a quasi-judicial function in accord with the Rules of the Orphans’ Court and the statute governing adult guardianship proceedings. This Hearing Officer will preside over record hearings. Timely resolution to matters heard before the Hearing Officer is critical and expected by the Court. The Hearing Officer will work independently, subject to judicial review, and the Hearing Officer is expected to exercise sound judgment and discretion.

The position will be part-time. The Hearing Officer will be expected to work two days per week for forty-eight (48) weeks during the year. Working hours will depend upon daily scheduling but will be consistent with the Court’s normal work hours of 8:30 AM to 4:30 PM.

The Hearing Officer will conduct review hearings in guardianship cases filed with the Orphans’ Court Division, to assure that the needs of the incapacitated person are being met, that the welfare of the incapacitated person is being promoted, and that the court-appointed guardians are complying with all requirements including the requirement to file annual reports and to remain certified, if applicable. This position requires the exercise of independent judgment and discretion and is of substantial importance to the operation of the Court. The nature of the work requires that certain aspects of the cases may include confidential and personal information while other aspects of the role require conducting a record hearing to which access is generally restricted but as to which certain proceedings may be open to the public.

The Hearing Officer will be expected to access documents through the Orphans’ Court Viewer and in some cases through the Guardianship Tracking System (GTS) and will receive input from the Administrative Judge and from the Deputy Orphans’ Court Administrator about the reasons for the review hearing.

The Hearing Officer shall not practice law in any guardianship matters pending before the Orphans’ Court Division before a hearing officer employed by the 38th Judicial District, or before a Judge of the Orphans’ Court Division of the Montgomery County Court of Common Pleas.

Essential Duties And Responsibilities

• Review annual reports filed by the Guardian in advance of the hearing, as well as all prior orders.
• Conduct hearings on a weekly basis in guardianship cases as assigned and scheduled by the Administrative Judge and Deputy Court Administrator.
• Reviews the compliance of the guardian with court rules and filing requirements.
• Imposes requirements to assure filing of delinquent annual reports or inventories.
• Reviews the guardianship to determine whether the needs and welfare of the incapacitated person are being met by the appointment of a guardian.
• Considers whether there are adequate less restrictive alternatives that can meet the needs of the incapacitated person.
• Considers whether the appointment of a guardian continues to be necessary.
• Proposes court orders for judicial approval with recommendations concerning:
• assuring compliance with court requirements and filing requirements;
• assuring the well-being of the incapacitated person;
• addressing any concerns raised by family members or care providers or others;
• whether there are less restrictive alternatives available and adequate to meet needs instead of the guardianship of the person;
• whether there are less restrictive alternatives available and adequate to meet needs instead of the guardianship of the estate;
• whether the guardianship should be terminated or whether the guardian should be removed and replaced, and by whom.
  
  

Qualification Requirements

• Juris Doctorate from an accredited law school.
• Admission to the Bar of the Supreme Court of Pennsylvania.
• Minimum of ten (10) years of experience as an Orphans’ Court practitioner.
• Strong knowledge of Orphans’ Court law and procedure.
• Excellent written and verbal communication skills.
• Excellent interpersonal skills.
• Basic computer and technology skills.
  
  

PHYSICAL DEMANDS

Candidates interested in applying for this position are requested to submit a resume, along with a cover letter to:

Michael R. Kehs, Esq.

District Court Administrator

P.O. Box 311

Norristown, PA 19404-0311

mkehs@montcopa.org