Guardianship

Pennsylvania Guardianship Attorneys

A Guardianship is a court-imposed arrangement for incapacitated individuals, allowing an appointed agent (the guardian) to make decisions and provide care for the incapacitated individual (the ward). 

The guardian is appointed by a court and thus has legal authority regarding the ward’s living situation, healthcare, and daily activities. Guardians are responsible for acting in the best interest of the ward, must act in accordance with the court’s orders, and are held accountable for their decisions.

When is Establishing Guardianship Necessary?

A guardianship is typically put in place when someone is unable to manage their personal affairs and financial matters due to mental incapacity, cognitive impairment, or physical disabilities. This may apply to elderly individuals with advanced dementia, individuals with severe developmental disabilities, or adults who have sustained serious injuries or illnesses. 

Guardianships can also be put into place for minors who don’t have parents available to make decisions on their behalf, or when an incapacitated individual does not already have a power of attorney in place. They can also be used when a person who is named as the power of attorney is not acting to ensure the individual’s needs are met, or a person is acting under a power of attorney but acting improperly.

What is the Process For Establishing Guardianship?

Guardianships are established through court proceedings. The first step is filing a guardianship petition with the Court, which sets forth various background information, information required by the guardianship statute, and most importantly, why the guardianship is being sought. In Pennsylvania, jurisdiction is with the Orphans’ Court.

It also requires a physician/psychologist report to be filed. This report provides information such as the physician/psychologist’s educational information, where they work, what their specialty is, as well as their treatment history and assessment of the alleged incapacitated person. It is generally the only involvement of the physician in the guardianship.

After filing the petition and the associated documents, a hearing date is set, generally 30-45 days out. During this time period, the incapacitated person is provided notice of the guardianship by the Court, and given the opportunity to obtain court appointed counsel at no charge.

At the hearing, the court assesses the individual's (ward’s) capacity and determines whether guardianship is necessary. Hearings are generally quite quick (less than 5 minutes), and the incapacitated person does not need to attend the hearing. Once appointed, the guardian must regularly report to the court on the ward's well-being. 

It is important to note that guardianships are legal measures of last resort. Courts typically strive to protect the rights of individuals and may explore less restrictive alternatives, such as a power of attorney or an advanced healthcare directive, before appointing a guardian. Additionally, these arrangements can vary by jurisdiction, so it is essential to consult with an attorney experienced in elder law or guardianship matters when dealing with these legal processes.

How Our Pennsylvania Guardianship Attorneys Can Help You

Guardianships often arise in situations of high stress. Because of the delicate nature and legal requirements, it is wise to consult an attorney experienced in guardianship matters or elder law.

Knox Law’s Elder Law team can advise on how Guardianships fit into an individual’s estate plan, including healthcare issues, powers of attorney, and elder law considerations. Our team can also help ensure the petition and related documents are sufficient for the Court’s review and positioned for the best outcome. Finally, our attorneys can represent your interest in Court and in all following legal procedures, and ensure all reporting is made appropriately.

Who Can Be a Guardian?

There are limitations on who can serve as a guardian in Pennsylvania to ensure the appointed guardian is qualified, trustworthy, and capable of acting in the best interests of the ward. These limitations include:

• Age: Must be at least 18 years old.
• Metal and Legal Competence: Must be of sound mind and not legally incapacitated themselves.
• Criminal History: Individuals with certain criminal convictions - especially those involving fraud, abuse, neglect, or financial exploitation - may be disqualified.
• Conflicts of Interest: Someone who stands to benefit financially from the ward’s estate may be deemed unsuitable unless safeguards are in place.
• Financial Responsibility: Individuals must demonstrate the ability to manage finances responsibly. 
• Willingness and Ability to Serve: Individuals must be willing and able to carry out the required duties, including regular reporting to the Court.
• Residency and Availability: While Pennsylvania does not require guardians to be state residents, the court may consider geographic proximity and availability.
• Court Discretion: Ultimately, the Court has discretion to determine whether a proposed guardian is suitable.

Additionally, the Court may require a background check. More detailed guidance can be found in Pennsylvania’s Guardian Handbook.

Work With a Compassionate Pennsylvania Guardianship Attorney

Guardianships, while often viewed as a last-resort option to help incapacitated individuals, remain an important tool for protecting individuals and their estates. Knox Law can help determine when a Guardianship can be used and also with its application and execution.

Please contact us today to schedule a consultation and learn more.

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