When adults are adjudicated incapable, a Guardian of Estate is needed to manage the individuals’ assets to assure that their needs are met and to protect them from designing persons. Guardian of Estate’s responsibilities include managing income (e.g., social security benefits, pensions, and earned income), expenditures (e.g., food, clothing, shelter, and medical care) and managing and liquidating real property. The Guardian of Estate is responsible to the individual and Orphans’ Court and, if applicable, must work in collaboration with a Guardian of Person.
When adults are adjudicated incapable, a Guardian of Person is needed to assist individuals to live in the least restrictive settings with the necessary support services that can enhance or maintain their care and safety. The Guardian of Person’s responsibilities include making the decisions for individuals to sustain a quality of living and care, keeping in mind at all times what the individuals may have wanted by obtaining history, speaking with family members and others, as appropriate, and the “experts” providing care for the individuals. At all times the Guardian of Person must be mindful to include the individuals at whatever level the individuals can participate in handling decisions and choices. The Guardian of Person must understand when to use “substituted judgment” or to act in the “best interest” of the individuals with the provision of care decisions. The Guardian of Person must maintain regular visitation with the individuals (monthly minimally) and be available at any time for emergencies. The Guardian of Person is responsible to the individual and the court and, if applicable, must work in collaboration with a Guardian of Estate.
The Advocacy Alliance staff provides these services in accordance with the national standards provided by the National Guardianship Association and by the mandates of the court under 20 Pa. Cons. Statue Section 5510 et seq.
A Power of Attorney (POA) is a written legal document that allows an individual to appoint someone to be their agent in order to give the person authority to act on the individual's behalf. When the individual appoints an agent, the person must exercise his/her authority to act on the individual's behalf in accordance with the individual's wishes. Whatever decisions and business transactions that the agent makes on the individual's behalf will become just as binding as if the individual made them. There are different powers that can be granted to a POA which may include medical, living arrangements, and/or financial. These powers can be limited for a period of time or limited in assigned responsibilities, springing (goes into effect at a specific time such as incapacity), or durable (takes effect once signed), all of the powers granted are defined by the written agreement. This is a mechanism that allows an individual to appoint someone to handle his/her affairs should he/she become incapable of making decisions and thus prevent the need for guardianship.
If you would like more information regarding our Guardianship and/or Power of Attorney Services, please email us or call us toll free at 1-877-315-6855.