Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How do I Petition for Guardianship In Philadelphia?

Posted on Tue Aug 9, 2016, on Guardianship

From Our “Ask a Question” Mailbag: How do I Petition for Guardianship

Most Recently Updated August 9, 2018.

“My mother has taken care of my severely autistic little brother his whole life in Philadelphia.  She can no longer do so and wants me to take on the responsibility.  Therefore, how do I become my brother’s legally recognized Guardian?”

Special-Needs-Boy

Petition for Guardianship

A Petition For Guardianship Of The Person vs. Guardian Of The Estate.

A Petition for Guardianship can take two forms; a Petition for Guardian of the Estate and a Petition for Guardian of the Person. Each Petition is filed in the Philadelphia Orphans’ Court and will require that you prove to the judge that your brother is an incapacitated person.  The judge will appoint a Guardian of the Estate if the judge finds your brother incapacitated and in need of a person to oversee his assets.  Further, if the judge finds that your brother is incapacitated and in need of someone having the power to control and monitor even where he spends his time, she will appoint a Guardian of the Person.

Orphans’ Court judges take their job very seriously because taking away your brother’s rights is a tremendous responsibility.  Therefore you must provide the judge an abundance of evidence that your brother’s incapacity.  Proving these items will require a doctor’s input, and it might also require the testimony of others.  If you arrive unprepared, you may delay the process.

Notifying Interested Persons Of The Petition For Guardianship.

Also, you must notify all interested persons about the petition for guardianship of your brother. This notification allows interested individuals the chance to take part in the process and to provide the judge with relevant information.  Given all the requirements, retaining an experienced Guardianship Attorney is a good idea.  An experienced Guardianship Lawyer will help you prepare for your day in court and assemble all the necessary evidence.  Furthermore, if any family member should challenge your petition, it is vital that you obtain seasoned legal advice.

More Planning Questions?

The Petition for Guardianship is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Petition for Guardianship

I hope that this article was helpful in explaining the Petition for Guardianship. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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

 

Tags:

Guardianship Attorney, Guardianship Lawyer, Guardianships, Orphans' Court, Pennsylvania, Philadelphia, Special Needs, Special Needs Estate Planning

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Klenk Law Logo
Stars

Michael Patete

Surprisingly easy

Klenk Law Logo
Stars

Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

Klenk Law Logo
Stars

Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Klenk Law Logo
Stars

Bill

I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.

Let us put our expertise to work for you.

Free consultation within 24 hours.