204 Pa. Code § 91.73 - Attorney subject to judicial determination of incapacity

(a) Transfer to inactive status. Enforcement Rule 301(c) provides that where an attorney has been judicially declared incapacitated or involuntarily committed on the grounds of incapacity or severe mental disability, the Supreme Court, upon proper proof of the fact, shall enter an order transferring such attorney to disability inactive status effective immediately and for an indefinite period until the further order of the Court; and that a copy of such order shall be served upon such formerly admitted attorney, the guardian of such person, and/or the director of the institution to which such person has been committed in such manner as the Court may direct.

(b) Summary reinstatement. Where an attorney has been transferred to disability inactive status by an order in accordance with the provisions of subdivision (a) and, thereafter, in proceedings duly taken, the person is judicially declared to be competent, the Supreme Court upon application may dispense with further evidence that the disability has been removed and may direct reinstatement to active status upon such terms as are deemed proper and advisable.

Notes

204 Pa. Code § 91.73

The provisions of this § 91.73 amended July 8, 1983, effective 7/9/1983, 13 Pa.B. 2138; amended July 30, 1999, effective immediately, 29 Pa.B. 4053. Amended by Pennsylvania Bulletin, Vol 53, No. 50. December 16, 2023, effective 12/16/2023