Guardianship FAQs

A guardianship is a legal arrangement in which a court appoints a guardian to make decisions for a minor or incapacitated adult who cannot manage their personal, medical, or financial affairs. Guardianships are typically sought when an individual:

• Is a minor without a parent able to care for them.
• Has a severe disability that prevents independent living.
• Is an elderly adult suffering from dementia or cognitive decline.

In Pennsylvania, guardianships must be court-approved and are subject to strict legal oversight to protect the individual’s rights.

Any competent adult may petition to become a guardian, but Pennsylvania courts prioritize guardianship appointments based on the best interests of the person needing care. Preferred candidates include:

• A family member (parent, sibling, or other close relatives).
• A friend or trusted caregiver.
• A professional guardian (appointed when no suitable family member is available).

The court may disqualify individuals with a criminal record, financial conflicts of interest, or a history of abuse or neglect.

To become a guardian in Pennsylvania, you must:

• File a guardianship petition in the Orphans’ Court of the county where the incapacitated person resides.
• Provide medical evidence or testimony proving the need for guardianship.
• Undergo a background check (depending on the county).
• Attend a hearing where the court determines whether guardianship is necessary and if you are a suitable guardian.

Once appointed, a guardian is legally obligated to act in the best interests of the individual, file annual reports, and comply with court supervision.

Guardianship petitions are filed with the Orphans’ Court in the county where the person needing a guardian resides. Each county has specific filing procedures and requirements, so it’s advisable to consult a guardianship attorney or the local Orphans’ Court Clerk’s office.

If an individual is in immediate danger due to incapacity, abuse, or neglect, the court may grant an emergency guardianship. The process involves:

• Filing an Emergency Guardianship Petition with the Orphans’ Court.
• Providing urgent medical or safety-related evidence (such as testimony from a doctor, social worker, or law enforcement).
• The court holding an emergency hearing (often within 24 to 72 hours).

If granted, emergency guardianship lasts up to 72 hours, possibly extending up to 20 days. A permanent guardianship petition must be filed to extend the arrangement.

The cost of obtaining guardianship varies depending on court fees, legal assistance, and medical evaluations. Typical costs include:

• Filing fees: $100–$300 (varies by county).
• Attorney fees: $2,000–$5,000 (if hiring legal representation).
• Medical evaluations: $200–$1,000 (if a medical professional provides an assessment).

Financial assistance may be available through state services or non-profit organizations.

A guardian’s powers depend on whether they are appointed as a guardian of the person or a guardian of the estate:

Guardian of the Person:

• Makes medical and personal care decisions.
• Determines living arrangements.
• Provides for basic needs, education, and rehabilitation.

Guardian of the Estate:

• Manages financial affairs and assets.
• Pays bills, debts, and taxes.
• Protects the individual’s financial interests.

Guardians must act in good faith and submit regular reports to the court.

The process typically takes 4 to 8 weeks, but it may take longer if the case is contested or complex. Emergency guardianship can be granted in as little as 24 to 72 hours if needed.

Before pursuing guardianship, consider less restrictive alternatives, such as:

• Power of Attorney (POA) – Grants legal decision-making authority without court intervention.
• Advance Directives – Allows individuals to specify healthcare and financial preferences.
• Trusts – Provides financial management without court involvement.
• Supported Decision-Making – Allows individuals to make choices with help from trusted advisors rather than a guardian.

Courts may prefer these alternatives if the person can still make independent decisions.

Guardianship lasts until:

• The individual regains capacity and can manage their affairs (determined by medical or legal review).
• The guardian resigns or is removed by the court.
• The individual passes away.

Guardianships can be reviewed or modified by petitioning the court.

Even under guardianship, individuals retain certain rights, including:

• The right to be treated with dignity and respect.
• The right to petition for a review of guardianship.
• The right to retain some personal freedoms, if possible.
• The right to receive appropriate care and protection.

Courts prefer to grant limited guardianships when possible to protect these rights.

If you believe a guardianship was wrongfully granted, you can:

• File an appeal in the Orphans’ Court within 30 days of the decision.
• Provide new medical evidence or testimony to contest incapacity.
• Request a court review to modify or revoke guardianship.

If guardianship is being misused or abused, you may petition for guardian removal.

To prevent court-ordered guardianship, individuals can:

• Execute a power of attorney (POA) for financial and medical decisions.
• Create a living will to outline healthcare preferences.
• Establish a trust for asset management.
• Engage in supported decision-making with family or caregivers.

Planning early ensures that personal wishes are followed without court intervention.

No, guardianship and adoption are legally distinct:

Guardianship does not terminate parental rights; it grants temporary or long-term care responsibilities.

Adoption permanently transfers all parental rights to adoptive parents.

Guardianships are commonly used for minors in temporary situations, whereas adoption is a permanent legal relationship.