How does appointment of a guardian work?
Pennsylvania law allows for the appointment of a guardian upon filing of a petition and proof that the person to be protected is “incapacitated” within the meaning of the law. Without going into the legal language too closely here, an adult can be found incapacitated if he or she is partially or totally unable to manage finances or meet essential health and safety requirements. Our attorneys advise families about the pros and cons of guardianship, from the evidence required to establish legal incapacity to the family divisions that sometimes arise when the adult children of an elderly person can’t agree about the need for guardianship. In some cases, the allegedly incapacitated person is lucid enough to resist appointment of a guardian and defeat the petition. At Berman & Asbel, we help families with all aspects of guardianship: • Deciding whether to file a petition for appointment of a guardian • Resolving family disputes as to the need for a guardian or who should serve as a guardian
