Guardianship Law – FAQs

A: Under Pennsylvania law, a court can appoint a guardian to make decisions for an individual (“incapacitated person”) who cannot care for himself/herself or who needs assistance to care for himself/herself. This typically includes elderly persons or persons with mental or physical limitations that have been diagnosed by a medical provider. A court can also appoint a guardian for a minor child. Guardians have a legal responsibility to make decisions in the best interest of the incapacitated adult or minor child.

A: If appointed as the legal guardian for an adult who cannot care for himself/herself or minor child, the guardian will assume legal responsibility for an incapacitated or elderly adult or minor child. The guardian will be referred to as the “Guardian of the Person” and is responsible for attending to and making decisions on behalf of the incapacitated person. A guardian may also be appointed to make decisions regarding the incapacitated individual’s financial matters, referred to as the “Guardian of the Estate.”

A: A court must determine that the incapacitated individual is legally incompetent before a guardian is appointed. To make this determination, the proposed guardian must file a petition in the “Orphans’ Court” division of Pennsylvania court (this division handles estate administration issues, guardianship issues, adoptions, and other proceedings).

A legal guardian may also be appointed to act as the primary caretaker of a child under the age of 18 when the child’s parents are unable to do so. In some cases, the child’s parents personally select the guardian, which may be a family member or friend. In other cases, a court may appoint a guardian. Parents who create a Will may appoint a guardian for their minor child(ren) in their Will. It is possible to object to the appointment of a guardian for a minor child when the guardian could be unsafe or unable to fulfill his or her duties.

A: Under Pennsylvania law, a court can appoint a guardian to make decisions for an individual (“incapacitated person”) who cannot care for himself/herself or who needs assistance to care for himself/herself. This typically includes elderly persons or persons with mental or physical limitations that have been diagnosed by a medical provider. A court can also appoint a guardian for a minor child. Guardians have a legal responsibility to make decisions in the best interest of the incapacitated adult or minor child.

If appointed as the legal guardian for an adult who cannot care for himself/herself, the guardian will assume legal responsibility for an incapacitated or elderly adult. The guardian will be referred to as the “Guardian of the Person” and is responsible for attending to and making decisions on behalf of the incapacitated person. A guardian may also be appointed to make decisions regarding the incapacitated individual’s financial matters, referred to as the “Guardian of the Estate.”

A court must determine that the incapacitated individual is legally incompetent before a guardian is appointed. To make this determination, the proposed guardian must file a petition in the “Orphans’ Court” division of Pennsylvania court (this division handles estate administration issues, guardianship issues, adoptions, and other proceedings).

A legal guardian may also be appointed to act as the primary caretaker of a child under the age of 18 when the child’s parents are unable to do so. In some cases, the child’s parents personally select the guardian, which may be a family member or friend. In other cases, a court may appoint a guardian. Parents who create a Will may appoint a guardian for their minor child(ren) in their Will. It is possible to object to the appointment of a guardian for a minor child when the guardian could be unsafe or unable to fulfill his or her duties.

A: Guardians of incapacitated adults must ensure that the individual has all of the care and assistance he/she needs. For example, the guardian may need to make living arrangements or schedule medical appointments, as well as attend to the daily care of the incapacitated adult. Guardians will also need to manage finances by arranging for payment of bills, making investments, and purchasing necessary items for the incapacitated individual.

As a guardian of a minor child, in many cases, a legal guardian will also have physical and legal custody of the child. The guardian must make decisions that ensure the child’s safety and wellbeing, such as providing for the child’s basic needs, attending to the child’s medical and educational needs, allowing the child to engage in social activities, etc.

A: Legal guardianship may be temporary, or it may be permanent, depending on the needs of the incapacitated individual or minor child. If an incapacitated individual regains his/her mental or physical competence, legal guardianship may no longer be needed. In most cases, legal guardianship of a minor terminates once the child attains the age of majority (typically 18). The court may also decide that it’s in the individual’s best interest to terminate the guardianship.