From Our “Ask a Question,” Mailbag: “My son lives in Philadelphia, is diagnosed with schizophrenia, and needs a guardian; how does Guardianship in Philadelphia work?”
How Does Guardianship in Philadelphia Work?
Do you have a loved one who cannot make decisions because of a mental condition? Guardianship is a powerful option. Klenk Law, LLC’s guardianship attorneys are ready to assist you with guardianship in Philadelphia.
Is Guardianship in Philadelphia 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.
Is Guardianship in Philadelphia Difficult?
Whether obtaining guardianship will be complex 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. That may be because he or she can make decisions sometimes, but not always. It may be necessary to collect and prepare a more detailed proof of incapacity. Thirdly, the addresses of the heirs and agents, who are entitled notice, may not be known. In that case, it may take more work than usual to discover and serve notice on those heirs.
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 Philadelphia?
Firstly, one must prepare and file a guardianship petition. Next, the Court holds a guardianship hearing. Finally, the Court issues a Decree. On average, those steps will occur over one to two months. The Philadelphia Orphans’ Court is responsible for appointing guardians in Philadelphia. 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. Most likely, until receiving the petition, the Orphans’ Court doesn’t know about the incapacitated person until the guardianship petition. The petition presents the Court with the necessary information.
The Philadelphia Orphans’ Court will schedule a guardianship hearing. Next, Klenk Law, LLC “s guardianship attorneys will serve notice on the incapacitated person, his or her heirs, and his or her 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 Philadelphia 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. Every step of the way, the attorneys will guide you and others in preparing for the guardianship hearing. 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 Philadelphia Work?
We hope you found helpful this short article about Guardianship in Philadelphia. 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. In fact, feel free to contact our office for a free consultation.
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