Pennsylvania Guardianship Attorneys Providing Compassionate Legal Guidance
You may need to become the guardian of another person for many reasons. For example, if you need to care for an incapacitated parent or an adult disabled child, you may need to become that person’s guardian. Otherwise, you would not have the legal authority to make decisions for that person.
At Rowe Law Offices, P.C., our attorneys offer a free initial consultation to explain what is involved in guardianships and other issues of family law in Pennsylvania.
What Is Guardianship?
Guardianship is the legal authority to make financial and personal care decisions for another person — usually a family member such as a parent or child who is unable to manage his or her own affairs. A minor may need a guardian to manage his or her money if he or she receives a significant inheritance or life insurance payment.
Our lawyers can guide you through the legal process of becoming a guardian in Pennsylvania. Our lawyers also represent guardians and family members in disputes over the care of an incapacitated child or adult.
Is There An Alternative To Guardianship?
In some cases, you can avoid the need for guardianship. For example, if your parent names you as his or her agent under a power of attorney, you could make decisions for your parent if he or she becomes incapacitated. Unfortunately, a person cannot make a power of attorney designation if he or she lacks legal capacity. In other words, you must make a power of attorney designation before you need it.
Frequently Asked Questions On Guardianship
The FAQs below can provide clear guidance for families considering or involved in guardianship matters.
What is the difference between guardianship of the person versus guardianship of the estate?
Guardianship in Pennsylvania can cover two main areas, each addressing different needs of an individual who cannot manage their personal or financial affairs.
- Guardianship of the person: This type focuses on decisions about daily life and personal well-being. It includes overseeing medical care, living arrangements, education and other personal needs.
- Guardianship of the estate: This type is concerned with financial matters such as managing bank accounts, paying bills, filing taxes and handling property.
A skilled attorney can help ensure that guardianship appointments are tailored to the specific needs of your loved one.
Can a guardianship be terminated or reversed?
Yes, guardianships in Pennsylvania are not always permanent and can be modified or terminated if circumstances change. Some situations include:
- The individual regains the capacity to manage personal or financial affairs.
- The guardian fails to perform their duties responsibly.
- The court determines that the guardianship is no longer necessary or in the best interest of the ward.
Working with a knowledgeable attorney can help families petition the court for modification or termination of a guardianship, making sure that the process protects the rights and interests of the individual.
What happens if multiple family members want to be the guardian?
Family disagreements over guardianship appointments are common. Pennsylvania courts follow clear guidelines to resolve these disputes:
- The court evaluates the best interest of the individual, including their physical, emotional and financial needs.
- Preference is given to a family member, but only if they are capable and suitable to act responsibly.
- The court may consider professional evaluations, prior caregiving experience and any history of conflict or abuse.
If your family members are competing for guardianship, we can guide the parties through the court process, present evidence and help advocate for a fair outcome that prioritizes the ward’s welfare.
Contact Our Pennsylvania Guardianship Attorneys Today
For help regarding a guardianship matter, call 610-816-0935 or 866-232-1913, or send us an email to schedule a free initial consultation.
