1/25/2024 0 Comments Legal guardianship in pa papersIn cases in which a child with disabilities or an elderly family member is marked by cognitive impairment, it is advisable to seek counsel from an attorney as soon as possible to decide whether the person has the capacity to execute a Power of Attorney in lieu of a guardianship.īut if a guardian is necessary, then a Pennsylvania court may appoint a guardian of the person and/or of the estate for someone who resides in Pennsylvania and a guardian of the estate for an individual who owns property in Pennsylvania if it decides following a hearing that the person is incapacitated. Under Pennsylvania’s guardianship law, if there are alternatives, such as a valid Power of Attorney, trust documents, and family support systems in place to safeguard the interests of the incapacitated person, then a guardianship may be unnecessary. In addition, the individual can apply for public benefits, including Social Security Disability (SSD) and Supplemental Security Income (SSI), both of which can be handled without a guardian via the appointment of a representative payee. Among the alternatives to guardianship is to obtain help from family or friends for the management of a person’s finances. If the court decides the individual is incapacitated, it may appoint a guardian of the person and/or guardian of the estate of the incapacitated person.Īlthough the appointment of a guardian may be inevitable in some instances in order to safeguard the well-being of a person, guardianship proceedings can be expensive legal procedures that could be incompatible with the objective of increasing the person’s level of independence. This determination is made by a judge at a legal proceeding. Upon attaining the age of 18, a person has the right to make decisions on his or her own behalf without regard to any limitations or disabilities unless he or she has been adjudicated to be incapacitated by a court.
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