How to Obtain Legal Guardianship of an Adult in Pennsylvania

When someone you care about is unable to handle their affairs, knowing what to do to help can be challenging. Obtaining legal guardianship of an adult in Pennsylvania is a multi-faceted process with strict requirements. Navigating the system can be daunting, but experienced family law attorneys can help you make sense of it all. At Gross McGinley, LLP, our guardianship lawyers help families protect their loved ones’ rights and interests, help you understand the process, and offer legal support you can trust every step of the way.

What Is Legal Guardianship?

Legal guardianship gives a person the authority to make decisions on behalf of someone who can no longer make decisions for themselves. A legal guardian is appointed by the court. The person to whom the guardianship applies is known as the protected person or ward.

Judges do not grant legal guardianship of an adult lightly, as it results in the loss of significant rights and freedoms. In many cases, power of attorney or other alternatives are viable options that can protect a person’s interests much like legal guardianship would. If you’re considering obtaining guardianship for an adult, a family law attorney or estate planning lawyer can evaluate your circumstances and advise you on the most practical solutions for protecting your loved one.

Who May Need Adult Guardianship? 

A guardianship may be needed if an adult is incapacitated or suffers from mental illness, cognitive disorders like dementia, developmental disabilities, or other conditions that interfere with their ability to take care of themselves and their affairs. Each situation is unique.

The role of a legal guardian is to act in the best interests of the ward. This includes making decisions about their finances, healthcare, living arrangements, personal welfare, and other matters. Guardianship is a serious commitment that comes with considerable responsibilities and legal obligations.

Determining the Need for Guardianship

Before you pursue legal guardianship of an adult, it’s vital to determine whether the person truly requires it due to incapacity or disability as defined under Pennsylvania law. It may be necessary to obtain medical or psychological evaluations and other supporting evidence that demonstrates the nature of the person’s condition, their functional limitations, and ability to make independent decisions.

A guardianship attorney is familiar with nuances in the law and the type of evidence the court may require. If you decide to proceed, they can help you gather relevant evidence and build convincing arguments that show why guardianship may be an appropriate solution for your loved one.

Filing a Petition for Adult Guardianship in Pennsylvania

To initiate the process, you must file a petition for guardianship with the Court of Common Pleas, Orphans Court Division in the county where the potential ward resides. The petitioner must include supporting documentation with the petition, including:

• Details about the proposed guardian, their relationship to the adult in question, and their qualifications to act as guardian.
• Documentation of the potential ward’s incapacity or disability, such as medical or psychological evaluations, statements from healthcare professionals, and other relevant evidence.
• Information about the potential ward’s assets, income, and financial affairs.
• Specific details about the powers and authority sought by the guardian, such as the authority to manage finances, make healthcare decisions, and legal decisions on the person’s behalf.

Having a guardianship lawyer help you draft the petition can ensure that all relevant details and information are included and help you avoid common mistakes that can slow the process.

Notice and Hearing for Adult Guardianship in Pennsylvania

Once the petition for guardianship is filed, the court will schedule a hearing to review the petition and consider whether guardianship is appropriate in the circumstances. The potential ward must be served with a copy of the petition and the date and time of the hearing. The notice must explain the purpose of the proceeding and the rights that may be lost if guardianship is granted. It must also inform the respondent of their right to counsel and to have paid counsel appointed, if approved by the court. In addition, notice of the hearing must be given to other interested parties, such as the respondent’s family members and caregivers.

At the hearing, the court will consider evidence presented by the petitioner, the respondent, and any other interested parties. This may include witness testimony, documentary evidence, and arguments from legal representatives. The court will evaluate whether guardianship is necessary and whether the proposed guardian is suitable to serve in that role.

As part of the guardianship proceeding, the court may appoint a guardian ad litem who evaluates the potential ward’s capacity and the proposed guardian’s suitability. They will investigate the potential ward’s circumstances, gather relevant information, and provide a report to the court with recommendations about guardianship.

Based on the evidence presented at the hearing and the guardian ad litem’s report, the judge will determine whether guardianship is granted. If the court finds that guardianship is necessary and appropriate, the judge will issue an order appointing the guardian and specifying the scope of their authority. A guardian may be subject to court supervision and must comply with any directives issued by the court and all legal requirements of guardianship in Pennsylvania.

How a Guardianship Lawyer Can Help

Those seeking legal guardianship of an adult need to understand the process, their responsibilities, and the legal implications of serving as a guardian. Seeking guidance from an experienced guardianship attorney in Pennsylvania can help you navigate the complexities of the process and help you understand your responsibilities and duties. If necessary, a family law attorney can also assist you with the termination or modification of a guardianship if circumstances change.

Contact a Guardianship Lawyer in Pennsylvania

At Gross McGinley, LLP, we’re committed to helping families and individuals in Pennsylvania navigate complex family law issues like legal guardianship of an adult. Our client-centered approach, dedication to collaboration and continuous improvement, and values of integrity and compassion have helped us build a solid reputation with our clients and the Pennsylvania legal community.

To schedule a consultation with a guardianship attorney, contact us or call 610-820-5450. In addition to handling family law matters, our dedicated team provides legal representation in the areas of criminal law, business law, estate planning, and more.