It may be necessary to have an adult guardian appointed by the court when adult family members become unable to care for themselves. In Pennsylvania, whether or not the family member is in a nursing home or other assisted living care facility, a guardian can be appointed to care for the person, the person’s property, or both.
Courts have the responsibility of establishing guardianships, and they generally appoint guardians in situations of incapacity or disability. For example, a person is placed into a coma as a result of a car accident. Unless that person has a durable power of attorney and medical directives already in place before the accident, the court will appoint a guardian to make both financial and non-financial decisions for that person while they are unable to do so for themself.
In cases when all parties agree, naming a legal guardian can be relatively straightforward. Our attorneys can assist you with petitioning the court to establish a guardianship. However, you may need a guardianship attorney if there is disagreement about who should serve as the guardian, whether there is a need for a guardianship, or if there is a dispute over the named guardian’s actions or inaction. Common guardianship problems that our attorneys have vast experience in resolving include family members challenging the person appointed to be guardian, other family members refusing to be named a guardian, or the person declining to consent to a guardianship.
Mental and physical disability or incapacity can involve severe and prolonged conditions that impose immense limitations upon an individual’s ability to take care of themselves, verbally express themselves, earn a livable salary, and live independently of the care of others. These types of disabilities and incapacities reflect the need for an arrangement of treatments and services. Our attorneys at MMD&C seek to understand the wishes of your loved one who is in need of assistance, the concerns causing the demand for help, along with the unique dynamics between your family members. We then collaborate with you, your family, friends, counselors, doctors, and any others to check that everyone is working to ensure your loved one is properly treated and taken care of.
Contact one of our seasoned attorneys for a consultation today
If you or a loved one is in need of an appointed guardian call one of our experienced guardianship attorneys for a consultation today at 610-891-8806.