A guardian is appointed by the Court to assist individuals who are not mentally, physically, or legally, able to care for themselves:  elderly individuals, individuals with Special Needs, and minors.  An elderly individual may need to have a guardian appointed because the individual cannot care for himself/herself and may not be able to handle his /her financial matters because of dementia or other mental disorders, especially if the elderly individual has not executed effective Power of Attorney documents or if disagreements arise among family members as to the individual’s care.  An adult individual (over age 18) with Special Needs may not have the legal capacity to care for himself/herself.  A minor child (under the age of 18) is most often deemed to be legally unable to care for himself/herself.

If a guardian is needed for an elderly individual, individual with Special Needs, or a minor, our Estate Planning and Administration Group can guide you through the legal complexities of a guardianship proceeding, including the initial court Petition to have the individual who is unable to care for himself/herself declared an “Incapacitated Person”, the guardianship appointment process (which may include disagreements from other family members or the individual himself/herself), and representation of the appointed guardian.  As a fiduciary, the guardian must follow procedures and rules established by the Commonwealth of Pennsylvania and must file annual reports or accountings of the guardian’s activities.