Watson Legal Services

Guardianship

Guardianship is a legal procedure with the goal of protecting individuals that cannot protect themselves due to an illness or disability.  Pennsylvania allows for a trusted individual, corporate fiduciary, guardianship agency, county agency or nonprofit corporation to become guardians.  In Pennsylvania, you can be a guardian of a minor under the age of 18 years of age or of an incapacitated adult. In Pennsylvania you can be the guardian of the person, guardian of the estate or both. Guardian of the person is responsible for making decisions for the person’s well-being, whereas guardian of the estate is responsible for handling the person’s property and financial affairs. 
Schedule Your Consult Today

Guardianship Process

To obtain guardianship in Pennsylvania, the following steps must be followed:

  • a petition must be filed.
  • the petition must be served to all interested parties at least 20 days prior the hearing (i.e. family members, residential facility where person resides, anyone with a shared interest in property, the individual etc.)
  • a hearing will take place where all parties are required to attend.


Generally a Judge will rule the same day except in more complex cases.


Establishing guardianship can be complex as you must follow the legal requirements and make sure you have the proper documentation and evidence to establish incapacity and the petition must include all pertinent information. For this reason, it is advisable to see legal counsel when considering this as an option to ensure this is right for your loved one. 

Guardian of a Minor

Generally the guardian of a minor are the parents however to the next the parents are not able to take care of the minor or the parents are deceased and/or incarcerated, a court may appoint a third party to take care of the minor. Parents will often times name an individual in their will to become guardian of a minor however the court does not have to approve the guardian listed if it is found they will not act in the best interest of the minor.

Guardians of minors are responsible for providing for the care of the minor’s person and estate. They are responsible for making all decisions for the minor based on what’s in their best interests. Guardians in this instance typically remain in place until the minor turns 18 years old. 

Guardian of an Incapacitated
​Person (Adult) 

If you have an adult who suffers from a disability and/or illness that prevents them from having the requisite cognitive abilities to take care of themselves, physically and financially, a guardian may be necessary. The court will determine through the evidence submitted whether the person is incapacitated, according to the law, and in need of a guardian. The court will also consider whether there are less restrictive alternatives for the individual that should be pursued.

Guardianship Process

To obtain guardianship in Pennsylvania, the following steps must be followed:

  • a petition must be filed.
  • the petition must be served to all interested parties at least 20 days prior the hearing (i.e. family members, residential facility where person resides, anyone with a shared interest in property, the individual etc.)
  • a hearing will take place where all parties are required to attend.


Generally a Judge will rule the same day except in more complex cases.


Establishing guardianship can be complex as you must follow the legal requirements and make sure you have the proper documentation and evidence to establish incapacity and the petition must include all pertinent information. For this reason, it is advisable to see legal counsel when considering this as an option to ensure this is right for your loved one. 

Guardian of a Minor

Generally the guardian of a minor are the parents however to the next the parents are not able to take care of the minor or the parents are deceased and/or incarcerated, a court may appoint a third party to take care of the minor. Parents will often times name an individual in their will to become guardian of a minor however the court does not have to approve the guardian listed if it is found they will not act in the best interest of the minor.

Guardians of minors are responsible for providing for the care of the minor’s person and estate. They are responsible for making all decisions for the minor based on what’s in their best interests. Guardians in this instance typically remain in place until the minor turns 18 years old. 

Guardian of an Incapacitated Person (Adult) 

If you have an adult who suffers from a disability and/or illness that prevents them from having the requisite cognitive abilities to take care of themselves, physically and financially, a guardian may be necessary. The court will determine through the evidence submitted whether the person is incapacitated, according to the law, and in need of a guardian. The court will also consider whether there are less restrictive alternatives for the individual that should be pursued.