Guardianships in Pennsylvania

Legal Guardians for Adults and Children

A vulnerable adult without power-of-attorneys or a child, who may need the aid of a legal guardian, could be anyone who has:

• • Alzheimer’s
  • Dementia
  • Mental illness
  • Special needs
  • Experienced a major stroke
  • Lost the ability to care for themselves

A young minor child under the age of 18, and even a young adult child under the age of 24, will need someone to raise them. They need to be provided with a home and normal upbringing should both parents pass away. 

If the parents do not have a Will specifying those individuals, a guardian would need to be appointed. The guardian will need to protect their financial interest and, most importantly, raise them. In any of those circumstances, a guardian is necessary.

How to Become Someone’s Legal Guardian?

If you want to become someone’s legal guardian, the first step is to file a Petition with the Orphans’ Court in the county where the individual resides in Pennsylvania. Then the attorney will need to prepare for a hearing to obtain testimony and evidence that the person requesting to be appointed as guardian is approved by the court. This may also include testimony from a physician. If individuals object or want to be appointed themselves, it quickly becomes a long, expensive and stressful process.

What Type of Decisions Can a Guardian Make?

If you’re a legal guardian for the person and their estate, you can make decisions regarding their:

• • Personal estate and property
  • Medical care and treatment
  • Place of living
  • Daily needs
  • Finances

Guardianship Law in Pennsylvania

The Orphans’ Court will determine if an adult needs a legal guardian by reviewing some of the following criteria.

• • Is the person capable of making financial decisions regarding their assets after evaluating all the information?
  • Can the person be placed in different situations or events and respond appropriately to the environment and surrounding people?
  • Has their mental capacity been examined by a physician or a psychiatrist to determine capacity?
  • Are there any other individuals or third parties to include family, friends, and others in the medical field, who can testify if the person cannot make appropriate decisions?

What are the Rules for Guardians?

To reduce elder abuse and exploitation, Pennsylvania has updated its guardian laws to include a more thorough checks and balances system. The court wants to make sure any person who becomes a guardian is responsible and has the vulnerable adult’s best interests in mind.

Here’s what you can expect:

• • Proposed guardians will need to submit a criminal background check prior to the appointment.
  • Proposed guardians at the hearing will need to include why they are the right choice to be a guardian, including qualifications and training.
  • Proposed guardians will need to file annual reports to include yearly financial updates and usage of funds, health status reports, living conditions, and other documents that will be submitted and audited with the court yearly.
  • Guardianship Tracking System (“GTS”) is an online system used so courts can regularly follow up on Guardianship cases.