Guardianship
When a person over the age of 18 years is thought to be incapacitated it is important for an interested person to consider whether the appointment of a Guardian is necessary.
Under PA law an incapacitated person is defined as:
Adults whose abilities to receive and evaluate information effectively and comunicate decisions in any way are impaired to such a significant extent that they are partially or totally unable to manage their finincial resources or to meet essential requirements for their physical health and safety.
Appointment
The Court of Common Pleas in the county where the alleged incapacitated person resides has the authority to appoint a Guardian over the person and the estate of the alleged incapacitated person.
The interested person must file a petition to request appointment of Guardianship and a hearing must be held. All interested parties must be giving notice of the hearing and the alleged incapacitated person should be present, if possible.
Representation
An attorney plays a critical role in the Guardianship process in order to properly assess the incapacity and the likely success of the request for appointment, as well as guide the prospective Guardian through the process, including the hearing and annual Guardian responsibilities.
Duties
A Guardian over the person is responsible for the day to day care of an incapacitated person such as housing, meals, personal care and medical attention.