Only a court can appoint a guardian. A parent cannot appoint a guardian for an adult child without judicial review, and even the appointment of a guardian under a will for a minor child requires a court order to effect guardianship. Parents cannot appoint a guardian for an adult child under their will, as Pennsylvania guardianship procedures are the only means by which guardianship can be created. Proposed guardians must undergo a criminal background check and indicate their qualifications to act as guardians and whether they have completed guardianship training. Guardians are required to submit a report to the court on the incapable person`s financial and personal circumstances within 90 days of appointment. In addition, guardians must submit an inventory of the person`s property to the court. Guardians must then submit these reports to the court annually. Within ninety (90) days of the appointment of the guardian, the persons appointed to this position must submit to the court a report on the financial and personal situation of the person with a disability on the forms provided by the court. Guardians must also provide the court with an inventory of the disabled person`s property. Personal and financial reports on guardians must then be submitted to the court annually.

Under Pennsylvania`s guardianship law, guardianship may be useless if there are alternatives, such as a valid power of attorney, escrow documents, and family support systems, to protect the interests of the incapable person. In cases where a disabled child or older family member is characterized by cognitive impairment, it is advisable to consult a lawyer as soon as possible to decide whether the person is capable of enforcing a power of attorney instead of guardianship. To obtain a guardianship judgment, you must first file an application with the Orphans` Court Division of the Court of Common Pleas, the local district court of Pennsylvania. You must also obtain an affidavit from a doctor or psychologist who knows the person with a disability, stating why guardianship is required. If there is no person willing or qualified to serve as guardian, the court may appoint a guardianship support body. The guardian must not have interests contrary to those of the person with a disability, unless there is no other choice. We no longer use the term «incompetent» to describe a person in the legal guardianship process, we use the term «unfit for work.» 20 pa. C.S.A. §5501 defines «incapacitated person» as follows: «Incapacitated person means an adult whose ability to effectively receive and evaluate information and communicate decisions in any manner is impaired to such an extent that he or she is partially or totally unable to manage his or her financial resources or meet the essential requirements of his or her physical health and safety. accomplish. Jurisdiction for guardianship proceedings rests with the juvenile court.

The action for guardianship is initiated by filing an application with the Orphans` Court. The appropriate place of jurisdiction for guardianship proceedings is the county in which the legally incapable person resides or resides. The initial application for guardianship must clearly indicate the physical and mental limitations of the person and specify the type of guardianship sought. If the court appoints a guardian for the incapable person, it appoints a «guardian of the person» who holds the guardian responsible for the incapable person`s personal decisions, including medical decisions, and a «guardian of the estate» who gives the guardian decision-making authority over the incapacitated person`s financial affairs. A guardianship only implies decision-making power and does not create any additional responsibility for the financial support of the guardian to the disabled person. Two or more responsible persons may act as collegal guardians. Prior to the enactment of the new guardianship rules in Pennsylvania, there was less formal oversight of guardians. Guardians were appointed by a court and were required to complete and submit the annual reports of the guardian of the person and the guardian of the estate, but no background checks of the proposed guardians were conducted prior to appointment and no national follow-up of the guardian or incapable person after the appointment of the guardian.

Many persons with disabilities are extremely vulnerable to the conception of individuals and the possibility of the person with a disability being exploited or abused, both financially and physically. Although the majority of guardians are usually family members who have the best interests of the person with a disability in mind, there have been cases where this has not been the case, leading the Pennsylvania Supreme Court to introduce new rules and procedures to prevent this type of abuse. Some of the most significant changes are described below: In the early 1990s, Pennsylvania amended its guardianship law in several important ways. First, Parliament clarified that, at least in certain circumstances, persons with disabilities do not require the services of a full or «full» guardian. Pennsylvania`s guardianship law now states that if alternative approaches such as a valid power of attorney, trust documents, and family support are sufficient to protect the interests of the person with a disability, guardianship may not be required. Of course, for a power of attorney to be valid, the legally incapable person must have sufficient cognitive abilities at an early stage to obtain a power of attorney, since only a person who has at least a basic understanding of the rights and powers granted to another person under a power of attorney can validly sign such a document.