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Guardianship in PA

Posted on Thu Nov 9, 2023, on Guardianship

From Our “Ask a Question” Mailbag: “My mother’s dementia has gotten so bad she no longer knows who we are. Do I need a Guardianship? How do I get a Guardinaship in PA?”

Guardianship in PA Lawyer

Guardianship in PA Lawyer Brian Perez.

What is Guardianship in PA?

The law surrounding Guardianships is designed to protect the well-being and rights of people who can no longer handle their affairs. They may need help with their money. They may also need help with decisions such as going to the doctor or where they can safely spend their day. By determining that the person no longer has the capacity to make these decisions and then appointing a Guardian, the court helps ensure that the person is safe and their assets are secure. This continues until the person dies or recovers enough to care for themselves.

Our Guardianship Team:

Attorney Brian Perez leads our Guardianship team. Pennsylvania Guardianship matters are heard in the Orphans’ Court. Brian handles cases where Guardians are appointed and instances where family members wish to remove or replace a Guardian previously appointed. There are also cases where concerned family members question how a Guardian of the Estate has handled an incapacitated person’s money or other assets. For example, in Bucks County, a family had our Guardianship team bring a Guardian to court to prove that the Guardian had stolen funds. Attorney Perez works with a team that includes Attorney Tracey M. Conner and Attorney Glen Ridenour.

If you have a Guardianship matter, don’t go to someone who dabbles in the area. In Pennsylvania, our team focuses on one court: the Oprhan’s Court. This is the court that oversees Guardianship matters. 

Who Will the Court Select as Guardian?

The judge’s job is to pick a Guardian who best serves the incapacitated person. Many factors go into this decision. The judge wants to select an honest person who can take on what can be a difficult job. Our PA Guardianship Attorneys can help walk you through this process to help you determine if you, or someone else, will meet the judge’s high standards.

The first step is having a blunt and honest conversation about the responsibilities the Guardian will shoulder. Being responsible for an incapacitated person can be exhausting and challenging.  

Typical responsibilities include making decisions on medical care, managing investments and expenses, and working with family members to address their concerns. For some incapacitated people, a few hours a month meets these responsibilities. Others may require a few hours a day. 

We will also talk about the types of Guardianship: Guardian of the Person and Guardian of the Estate. Which does the incapacitated person need? Perhaps both.

Want to Read More about Guardianships?

This Blog is just a quick introduction to Guardianships in PA. To learn more, follow this link to my website’s pages entitled Guardianships, Everything You Need To Know.

In Conclusion, Do you need a Pennsylvania Guardianship Attorney?

I hope you found this short article, Guardianship in PA. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate needing our help. Let our Pennsylvania Guardianship Lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. 

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Peter KlenkPeter Klenk

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