Guardianship Representation in Pennsylvania

At Chadwick Estate Law, we represent families, fiduciaries, and concerned loved ones in guardianship matters across Pennsylvania—including Philadelphia, Delaware, Chester, and Montgomery counties. Whether petitioning for guardianship, contesting a guardianship, or seeking to modify an existing order, we provide skilled counsel under the Probate, Estates and Fiduciaries Code (20 Pa.C.S. §§ 5501–5555).

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What Is Guardianship in Pennsylvania?

A guardianship is a court-appointed relationship in which an individual or institution is given legal authority to make decisions for someone who cannot manage their own personal or financial affairs. In Pennsylvania, guardianships are overseen by the Orphans’ Court and may apply to:

Incapacitated adults (e.g., due to dementia, illness, or disability).
Minors who inherit assets or lack a natural guardian.

The court determines incapacity based on clear and convincing medical evidence (20 Pa.C.S. § 5511) and appoints a guardian of the person, the estate, or both.

Types of Guardianship

Pennsylvania recognizes several types of guardianships, depending on the needs of the individual:

Guardian of the Person – Manages personal decisions such as health care, housing, and daily living arrangements.
Guardian of the Estate – Oversees finances, property, and income of the incapacitated person or minor.
Plenary Guardianship – Grants full decision-making authority due to complete incapacity.
Limited Guardianship – Grants authority over only certain decisions, preserving autonomy when possible.
Emergency Guardianship – Short-term authority granted in urgent cases, typically for 30 days (extendable for 20 more under § 5513).

Our Guardianship Services

At Chadwick Estate Law, we assist with all stages of guardianship matters:

Petitioning for Guardianship

Draft and file petitions with the Orphans’ Court.
Coordinate required medical evaluations and expert reports.
Represent petitioners at hearings to establish incapacity.

Defending Against Petitions

Challenge unnecessary guardianships when less restrictive alternatives exist.
Defend the rights of alleged incapacitated persons.

Guardian Support

Advise on fiduciary duties under 20 Pa.C.S. § 5521.
Assist with annual reporting and account filings.
Provide guidance on investment management and distributions.

Contesting or Modifying Guardianships

Petition for removal or replacement of a guardian due to misconduct.
Seek modifications if capacity improves or circumstances change.

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FAQs

Any interested party, such as a family member, friend, or institution
Until modified or terminated by the court, often for the ward’s lifetime unless capacity improves.
Yes. Family members or the alleged incapacitated person can contest necessity, scope, or the proposed guardian.
Powers of attorney, trusts, or representative payees may avoid guardianship if properly executed.
Guardians must file annual reports on the person’s welfare and financial accounts with the Orphans’ Court.