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Guardianship in Montgomery County, PA

Posted on Sun Mar 20, 2022, on Guardianship

Guardianship in Montgomery County, PA

From Our “Ask a Question,” Mailbag: “My son lives in Montgomery County, Pennsylvania, is an adult who has Down Syndrome, and needs a guardian; how does Guardianship in Montgomery County, PA work?”.

How Does Guardianship in Montgomery County, PA Work?

Do you have a loved one who cannot make decisions because of an intellectual or developmental disability? Guardianship is a powerful option. Klenk Law, LLC’s guardianship attorneys are ready to assist you with Guardianship in Montgomery County, PA.

Is Guardianship in Montgomery County, PA, the only option?

Suppose your loved one does not have a Power of Attorney. Or, suppose the Power of Attorney agent is making bad decisions. If you face either situation, petitioning for guardianship may be the only option to help your loved one.

Is Guardianship in Montgomery County, PA Difficult?

Whether obtaining guardianship will be complex or not depends on the situation. Firstly, someone may object to the guardianship petition. If so, it may take more effort to overcome those objections. Secondly, it may be more challenging than usual to prove mental incapacity. Proving someone who is comatose as needing a guardian is more straightforward than proving that a person who makes harmful decisions sometimes but not always requires a guardian. Collecting and preparing a more detailed proof of incapacity may be necessary. Thirdly, the addresses of the heirs and agents, who are entitled to notice, may not be known. In that case, discovering and serving notice on those heirs may take more work than usual.

Regardless of the complexity of your case, Klenk Law, LLC’s guardianship attorneys will promptly and effectively pursue guardianship for you and your loved one.

What is the Guardianship Process in Montgomery County, PA?

The Montgomery County Orphans’ Court is responsible for appointing guardians in Montgomery County, PA. The Court may appoint a guardian to make all financial decisions, or the Court may appoint a guardian to make medical decisions and decisions about where the person lives. Often, the Court appoints a guardian to make financial and medical decisions.

In general, there are three steps. First, we must prepare and file a guardianship petition. This first step is followed by the Court holding a guardianship hearing. The final step is having the Court issue a Decree. On average, those steps will occur over one to two months.

Until receiving the petition, the Orphans’ Court doesn’t know about the incapacitated person. The petition presents the Court with the necessary information.

The Montgomery County Orphans’ Court will schedule a guardianship hearing. Next, Klenk Law, LLC’s guardianship attorneys will serve notice on the incapacitated person, their heirs, and their agents. Those people will have the opportunity to appear at the guardianship hearing. Moreover, Klenk Law, LLC’s guardianship attorneys will present the incapacitated person’s physician’s opinion of mental incapacity to the Court.

With Which Parts of the Guardianship in Montgomery County, PA Process Do Klenk Law’s Attorneys Help?

Klenk Law, LLC’s guardianship attorneys will collect the information needed to prepare the guardianship petition. Then, they will prepare and file the petition. Next, they will serve the petition and other documents to the heirs and other necessary parties. The attorneys will guide you and others in preparing for the guardianship hearing every step of the way. Finally, Klenk Law, LLC’s guardianship attorneys will make the necessary arguments at the guardianship hearing.

Would you like more detail? Follow this link to our article, Guardianships: Everything You Need to Know. There are also other helpful links on this page.

In Conclusion: How Does Guardianship in Montgomery County, PA Work?

We hope you found helpful this short article about Guardianship in Montgomery County, PA. We have also included some links for more detailed information. Contact us if you want to know more or need our help with guardianship. Let our guardianship lawyers help you walk you through what can be a confusing process. Feel free to contact our office for a free consultation. 

Wills, Trusts, Probate, Estate, and Guardianship Litigation, It’s All We Do!

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Article by Attorney Rodney Myer, Montgomery County Guardianship Attorney.



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