How do I petition for guardianship or conservatorship in Pennsylvania?
1. Terminology. Pennsylvania uses 'guardian of the person' and 'guardian of the estate'; the prior term 'incompetent' was replaced with 'incapacitated person' in 1992.
2. Adult Guardianship. Under 20 Pa.C.S. § 5511, an incapacitated person is an adult whose ability to receive and evaluate information or communicate decisions is so impaired that they cannot manage financial resources or meet essential requirements for physical health and safety.
3. Minor Guardianship. Under 20 Pa.C.S. § 5111, a minor's guardian is appointed when parents are deceased or rights terminated; testamentary guardian provisions in § 2519.
4. Petition. File in the Orphans' Court Division of the Court of Common Pleas in the county where the alleged incapacitated person (AIP) resides. Personal service on the AIP at least 20 days before hearing, plus written notice to spouse, parents, and adult children.
5. Court Investigator / GAL. The court may appoint counsel for the AIP if they are unrepresented (§ 5511(a)); a GAL may be appointed in minor matters.
6. Capacity Evaluation. Testimony from physician, psychologist, or other qualified professional is required (§ 5518), and the AIP must be present unless physically impossible; clear and convincing evidence.
7. Hearing & Order. The AIP has rights to counsel, to attend, to cross-examine witnesses, and to a jury trial. The court must find by clear and convincing evidence and limit guardianship to areas of actual incapacity.
8. Powers & Duties. Bond required for guardian of estate (§ 5121); inventory within three months; annual report; court approval for sale of real property and certain major decisions including end-of-life care.
9. Alternatives. Durable POA (20 Pa.C.S. Ch. 56), health care POA (Ch. 54), advance directives, and trusts. Pennsylvania has not codified supported decision-making but courts may consider it.
10. Termination. Petition for modification or termination on restored capacity (§ 5512.2), death, or minor reaching 18.
11. UAGPPJA. Pennsylvania adopted UAGPPJA at 20 Pa.C.S. Ch. 59.
This is legal information, not legal advice.
- Contested guardianships in Orphans' Court with disputed capacity findings
- Sale of real property or major financial transactions requiring court approval
- Interstate transfer of an existing guardianship under UAGPPJA Ch. 59
- 20 Pa.C.S. § 5501 et seq.
- 20 Pa.C.S. § 5511
- 20 Pa.C.S. Ch. 59
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.