The Guardianship Process

From Our “Ask a Question” Mailbag: “My mother in Philadelphia has Alzheimer’s and it has progressed so that she can no longer recognize us at times, and she is not paying any of her bills. She refused to get a power of attorney in the past. I now need to step in. What is the guardianship process?”

What is the Guardianship Process in Philadelphia?

Each Pennsylvania and New Jersey county has a process for addressing when a person’s condition has diminished to the point that someone must step in to manage their financial and personal lives. This process is called Guardianship. Guardianship is when the appropriate judge in the correct court listens to the evidence, determines that a person is no longer competent, and then decides who should now be legally responsible for that person’s care and finances.

The person they select is then known as the incapacitated person’s Guardian.

The Guardianship Petition.

Each case begins with preparation. The guardianship judges are not detectives. They do not go out and find out what is wrong with the incapacitated person. The judge cannot decide without all the proper information in the correct format. Your Guardianship Attorney will gather all the necessary information to bring a properly drafted petition to the judge, saving time and money.

Types of Guardianship.

There are two types of Guardianship: Guardianship of the Person and Guardianship of the Estate. During the information gathering process, we will determine which kind of Guardianship the evidence supports. Guardianship judges take their job and responsibility seriously and will not grant a guardianship that oversteps the evidence. 

Court Hearings

Taking away a person’s right to manage their finances is a serious step. Taking away a person’s right to determine where they spend their day or their right to refuse medical treatment is an even more serious step.  The rules require notifying all related family members of the guardianship petition. The notification serves two purposes. First, family members are informed, allowing them to give the judge relevant information about the supposed incapacitated person. Secondly, it will enable them to share information with the judge about the person asking to be made Guaridian. The judge has to determine if the person truly needs a Guardian and who is the most competent and trustworthy person to watch over that person’s assets. Sometimes, family members may believe the person bringing the petition is unfit. The judge wishes to hear all relevant evidence.

Our Guardianship Team:

If you decide to have our Guardianship Law Firm represent you, you will work with Attorney Glen Ridenour and his team. The team includes Guardianship Lawyer Brynne MacDonnell and Guardianship Attorney Brian Perez. Guardianship petitions are What We Do. We do not dabble in other areas; we focus on estate-related litigation.   

Want to Read More about Guardianships?

This Blog is just a quick introduction to the Guardianship Process in Philadelphia and the other counties in Pennsylvania and New Jersey. To learn more, follow this link to my website’s pages titled “Guardianship: Everything You Need To Know.”

In Conclusion, What is the Guardianship Process?

I hope you found this short article on The Guardianship Process. I have also included some links for more detailed information.

Contact us if you want to know more or need our assistance with a Guardianship. 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. 

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

It’s What We Do!

Tags: Guardianship Lawyer, Guardianships