A guardianship court order allows a designated individual, individuals, or entity to act on another person's behalf when they are determined by a court to be incapacitated. An adult who is partially or totally unable to receive or understand information or communicate decisions effectively, to the extent that they are unable to manage their finances or meet their own safety and health needs, is considered incapacitated under Pennsylvania law. Guardianships can be of the person, estate, or both; emergency or long-term; and limited or plenary.
Courts may appoint a guardian of the person, guardian of the estate, or both, depending on the needs of the person. The court may appoint one or more individual(s) to be guardian of both the person and the estate, or it may appoint separate people for the estate and person.
A guardian of the person is granted the right and responsibility to make decisions regarding the IP's living situation, medical needs, daily care, and other aspects of their safety and well-being. More information can be found in Guardian of the Person.
A guardian of the estate is granted rights and responsibility to manage the IP's money, assets, income, and property; pay their bills and taxes; apply for, maintain, and renew government benefits; and protect their financial security. More information can be found in Guardian of the Estate. Ultimately, the court is responsible for the oversight of the individual under guardianship and the guardian. When appointing guardians, the court must consider many factors and make appointments in the best interest of the AIP.
Guardian of the Person - Appointed by the court to make decisions on behalf of an incapacitated person regarding that person's health, safety, and wellbeing.
Guardian of the Estate - Appointed by the court to make decisions on behalf of an incapacitated person regarding that person's finances and property.