Guardianship should only be sought when other less restrictive alternatives are not possible. Guardianship is a legal alternative to protect and assist an incapacitated person by giving the decision-making responsibility to a qualified, trustworthy individual or agency/non-profit corporation. Guardianship is appropriate for a person who is incapable of making decisions or managing normal responsibilities of daily living. The person needs to be evaluated by a medical doctor and seen as incapable of making decisions and/or handling financial affairs. The legal process involves a person/entity (see above) appointed by a judge of the Orphans’ Court in the Court of Common Pleas in the county in which the person resides.
Usually, the court requires that an attorney file a petition for guardianship. In most cases, the person or agency who asks for the appointment of a guardian hires an attorney who then prepares a petition for guardianship.
The court may appoint any qualified individual, family member, bank or guardian support agency.
Anyone who has a conflict of interest with the incapacitated person, a criminal background or anyone providing residential services for a fee is not permitted to act as guardian.
The court may appoint an emergency guardian when it determines that there is enough evidence indicating that failure to do so may result in irreparable harm to the incapacitated person.
Yes, there are two types of guardianships. There is guardianship of the person and guardianship of the estate. These guardianships can be either plenary (full decision making powers) or limited (used when the person is considered to be partially incapacitated and these powers are granted over certain areas as defined by the court).
After the court is notified of the change in condition, the Orphans’ Court will hold a review hearing to determine the current condition of the ward. The court then determines the appropriate action to be taken concerning the guardianship.
Guardians manage the financial affairs of the ward.
Guardians manage the medical, end-of-life decisions of the ward.
Guardians manage the decisions concerning where the ward lives.
Guardians represent the person in signing all legal documents pertaining to the person.
Guardianship is permanent in nature, unless the courts declare a change in the condition of the ward.
Guardianship ceases at the death of the ward or if the court dismisses the guardian from duties.
The ward must be over age 18 and determined to be incapacitated by the court.
Representatives or substitute payees
Case/Care management
Health care surrogacy
Trusts
Durable powers of attorney for property
Durable powers of attorney for health care
Living wills
Community advocacy systems
Joint checking accounts
Community agencies/services