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.