A Guide to Guardianship in Pennsylvania

Who is authorized to make decisions if a loved one becomes incapacitated?

When an individual becomes incapacitated & there is no authorized decision-maker, a guardianship proceeding may be necessary.

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a guardian for an adult can only be appointed after a court has issued an order declaring the adult to be incapacitated.

How does a court determine an individual is incapacitated?

A guardianship proceeding involves filing a petition with the court in the county in which the incapacitated person resides.

Then, there will be a hearing where the judge appoints someone to act on behalf of the incapacitated person.

An incapacitated person is an adult unable to receive & evaluate information & effectively communicate decisions...

or are impaired to such a significant extent that they are partially or totally unable to manage their financial resources...

or meet essential requirements for their physical health & safety.

What evidence should be presented?

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In-person testimony or depositions from people qualified to evaluate incapacity. Testimony explaining the type and extent of alleged incapacity of the person’s mental, emotional and physical condition, behavior and social skills.

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Evidence about services or assistance being used to meet the person’s health, safety and financial needs. Evidence showing why less restrictive alternatives would not be sufficient. Evidence about the probability incapacities may change.

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Who can request a guardian be appointed?

Anyone who is concerned about the well-being of the person who may be incapacitated can request a guardian be appointed.

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Guardian of the person. A guardian of the person makes decisions about daily care, like food, living arrangements, transportation and recreation. Guardian of the estate. A guardian of the estate handles financial decisions.

WHAT TYPES OF GUARDIANSHIP ARE AVAILABLE?

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What types of guardianship is available?

Guardian of the Person

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A guardian of the person makes decisions about daily care, like food, living arrangements, transportation and recreation.

Guardian of the Estate.

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A guardian of the estate handles financial decisions.

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Both types of guardianship may be plenary or limited.

Plenary Guardianship

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A plenary guardianship is unlimited — the guardian may make decisions about any aspect of the incapacitated person’s well-being or finances.

Limited Guardianship

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In a limited guardianship, the guardian can only make decisions about specific items laid out in the court order.

Does a guardian have legal responsibilities?

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Yes, guardians must act in the incapacitated person’s best interests and protect their rights and property.

This legal obligation is called a "fiduciary duty," and a guardian can be held liable if they fail to properly care for your loved one.

Fiduciary Duty

How does Pennsylvania view guardianship?

In Pennsylvania, the law sees full guardianship as a last resort, and the court may not appoint a guardian even if your loved one cannot make decisions for themselves.

Pennsylvania’s guardianship law states, that if alternatives like a valid power of attorney or trust can protect your loved one’s interests, a guardianship may not be necessary.

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Because of this, it is important to consult with an estate planning attorney to ensure your loved one will receive the support they need through the appropriate legal means.

An estate planning attorney can help you become appointed as guardian of the person and estate of a loved one.

We give families the peace of mind of knowing the best possible planning is in place.

(717) 540-4332

Speak with an attorney.