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Serving Philadelphia, Delaware County, Montgomery County, Bucks County and Chester County since 1996.
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Aspects of Guardianship
Becoming a Guardian
Anyone interested in the proposed ward’s well-being can request a guardianship.
An attorney is retained to file a petition for a hearing in the Orphan's Court in the proposed ward’s county of residence.
Protections for the proposed ward include requiring that notice of the proceeding be provided, and if feasible, requiring the
proposed ward’s presence at the hearing.
The proposed ward is usually entitled to legal representation at the hearing, and the court will appoint an attorney if
the proposed ward cannot afford a lawyer.
At the hearing, the court attempts to determine if the proposed ward is incapacitated and, if so, to what extent the
individual requires assistance.
If the court determines that the proposed ward is indeed incapacitated, the court then decides if the person seeking the role of
guardian will be a responsible guardian.
A guardian can be any competent adult -- the ward’s spouse, another family member, a friend, a neighbor, or a professional
guardian (an unrelated person who has received special training).
A competent individual may nominate a proposed guardian through a durable power of attorney in case he or she ever needs a guardian.
In naming someone to serve as a guardian, courts give first consideration to those who play a significant role in the ward’s life
— people who are both aware of and sensitive to the ward’s needs and preferences.
If two individuals wish to share guardianship duties, courts can name co-guardians.
Reporting Requirements
Courts often give guardians broad authority to manage the ward’s affairs.
In addition to lacking the power to decide how money is spent or managed, where to live and what medical care he or she should
receive, wards also may not have the right to vote, marry or divorce, or carry a driver's license.
Guardians are expected to act in the best interests of the ward, but given the guardian’s often broad authority,
there is the potential for abuse.
For this reason, courts hold guardians accountable for their actions to ensure that they don’t take advantage of or neglect
the ward.
The guardian of the property inventories the ward's property, invests the ward’s funds so that they can be used for the ward's
support, and files annual, detailed reports with the court.
A guardian of the property also must obtain court approval for certain financial transactions.
Guardians must also give an annual report on the ward’s status.
Guardians must offer proof that they made adequate residential arrangements for the ward, that they provided sufficient health care
and treatment services, and that they made available educational and training programs, as needed.
Guardians who cannot prove that they have adequately cared for the ward may be removed and replaced by another guardian.
Next Topic - Alternatives to Guardianship
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Call Us: (610) 446-9626
Fax Us: (610) 446-9985 |
Visit our offices:
17 Mifflin Ave. Suite 202
Havertown, PA 19083 |
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