Pennsylvania Guardian Handbook
Actions Requiring Court Approval Adapted from Administrative Office of Pennsylvania Courts' Family/Lay Guardian Training.
Guardian of the Person Requires Court Approval
Electroconvulsive therapy (ECT)
Prevent a marriage or consent to divorce
Sterilization or abortion
Participation in medical experiment
Removal of healthy organ
Psychosurgery
Commitment to a mental health facility
**A guardian cannot commit a person under guardianship to a mental health facility. However, if the person under guardianship is in crisis and exhibiting behaviors that may require hospitalization, a person under guardianship must be evaluated by a psychiatrist to determine if there is a need for an involuntary commitment under section 302 of the Mental Health Procedures Act.
Guardian of the Estate Requires Court Approval
• Sale of real estate
The sale price of the real estate must be supported by affidavits, attached to the petition to the Court, from two real estate professionals who have inspected the property and are familiar with values in the area, and each provide an opinion of the fair market value of the property. Court approval is also required for the public sale of a home.
• Expending of principal
If the income of a person under guardianship does not meet their needs, a court order approving necessary expenditures of principal (savings/investments) is required.
• Gifting
All gifts and donations, regardless of value, must be approved by the court. An annual gift limit may be established by the court in an order.
Estate planning
If estate planning is needed due to significant assets of the person under guardianship, the court requires a presentation of the plan for approval.