These cases can be emotional because they involve the well-being and protection of someone who cannot safely manage their own affairs. We approach every matter with steady support and a focus on the best interests of your loved one. From the initial consultation to the court hearing, you will have clear guidance and an organized plan.
A guardian has a strict legal duty to act in the best interests of the incapacitated person or minor. Once appointed, a guardian must manage the person’s needs, including medical care and financial affairs, and provide ongoing oversight to maintain the highest quality of life possible. We help you understand these responsibilities so you can step into the role with confidence and preparation.
The Pennsylvania Orphans’ Court is the court that appoints a guardian for individuals who are legally determined to be incapacitated or for minors. The court requires detailed documentation and a formal hearing before a guardian can be appointed.
The guardianship process begins by filing a petition for guardianship in the Orphans’ Court. This petition outlines why guardianship is needed and what type of authority the guardian should have. The court will schedule a hearing at which the person seeking guardianship and the individual over whom the guardianship is sought must attend in person. The court reviews the appropriate evidence and determines whether a guardian is necessary. If so, the court then appoints a guardian and issues a guardianship order.
Guardianship may be granted for medical decisions and daily care, financial matters, or both. We explain the differences and help you pursue the level of authority that fits your loved one’s needs. Throughout the process, we focus on ensuring that the individual’s rights and well-being remain front and center.
Adults may need guardianship when they can no longer handle daily responsibilities due to cognitive decline, disability, illness, or injury. Determining incapacity requires evidence, including medical evaluations and professional documentation. The court will require a finding from a qualified medical professional, referred to as a capacity assessment, that states that the person has been found to be incapacitated. The assessment can be performed by the person’s current caregivers or by any qualified independent medical professional. We help you gather the information needed and prepare a complete petition for the court.
After filing the petition and submission of the capacity assessment, the court schedules a hearing to determine whether the adult is legally incapacitated. In addition, an attorney will be appointed to represent the allegedly incapacitated person. This attorney’s job is to ensure that the person’s rights are protected at each step in the guardianship process.
At the hearing, a judge reviews the petition, medical testimony, and recommendations to decide whether guardianship is appropriate and what level of authority is needed. The court also determines if the person petitioning for guardianship should be appointed as the guardian. We guide clients through this hearing and help present the facts clearly and respectfully.
Once appointed, guardians must act in the best interest of the incapacitated adult, including using the incapacitated person’s assets only for their care. In addition, guardians are required to submit periodic reports through Pennsylvania’s Guardianship Tracking System. Our attorneys explain these duties so you understand what is expected and how to remain in compliance with Pennsylvania law.
Guardianship is a significant legal action because it authorizes a person to make decisions over another person. Therefore, before appointing a guardian, the court will often consider whether less restrictive alternatives are available. Alternatives may include executing powers of attorney or health care directives if the person still has capacity, or instituting supported decision-making arrangements. We help families explore these options and determine whether full guardianship is truly required.
If another option can meet the individual’s needs without a formal guardianship, we help prepare the necessary documents. If guardianship is the best path, we make sure your petition clearly explains why it is needed.
Guardianship for minors may be necessary when parents are unable to care for their children due to illness, addiction, incarceration, or unexpected life events. It may also be required when parents of special-needs children need authority to continue managing medical, financial, or educational decisions after the child turns 18.
We help families petition for guardianship when children need a stable adult to act in their best interests. This involves outlining the child’s needs, preparing documentation, and demonstrating that you are capable of providing care and support. The court evaluates each situation carefully to determine what arrangement best protects the child’s safety and well-being.
We also help navigate situations where biological parents and potential guardians must coordinate responsibilities. Our attorneys provide steady guidance and help the court understand what outcome serves the child’s best interests.
Seeking guardianship can be emotional because it involves acknowledging that a loved one needs help. We provide steady support throughout the process and help families approach these decisions with clarity and compassion. Every situation is unique, and we take the time to understand your concerns and address your questions.
Our attorneys are committed to making the process more manageable. We focus on organizing information, preparing persuasive filings, and helping you navigate responsibilities once guardianship is granted.
Clients rely on us for thorough preparation, clear communication, and knowledgeable guidance. We understand the legal and emotional challenges that come with guardianship cases and help families reach solutions that protect their loved ones and promote long-term stability.
Whether you are petitioning for an adult or a minor, we provide practical advice, steady support, and representation that respects your family’s needs.
If someone you love needs help managing personal or financial responsibilities, we can assist you in determining whether guardianship is the best path. Our attorneys serve families throughout Montgomery, Bucks, Lehigh, Northampton, Philadelphia, Berks, and Chester Counties.
Contact Winter Duffy Law to schedule a consultation. We will review your situation, answer your questions, and guide you through the guardianship process with care.
