Pennsylvania Guardian Handbook
Representative Payee
Representative payees receive certain government benefits like Social Security on behalf of the IP. The representative payee is allowed to manage this money on the IP's behalf and for the IP's benefit. The representative payee must be appointed by the Social Security Administration.
Veterans Affairs Fiduciary
Veterans Affairs fiduciaries receive Veterans Compensation Benefits on behalf of the IP. The Veterans Affairs fiduciary must be appointed by the U.S. Department of Veterans Affairs.
Trusts
A trustee is appointed to manage the money and any other assets of the person (beneficiary) on their behalf. Trusts can specify directions the trustee must follow to manage the money. Trusts are appropriate for individuals with larger estates and should be created with an attorney.x Different types of trusts have different requirements.
ABLE Accounts
These accounts are for people with qualifying disabilities (written diagnosis and onset before age 26) to allow a tax-free way to save for disability-related expenses, while maintaining government benefits. These accounts allow fiduciaries to manage the funds. This is an accessible option that allows those with less savings to avoid the expenses associated with a trust. For more information, visit https://www.paable.gov/.
Limited Guardianship
If it is determined that a guardianship is necessary, a limited guardianship must be considered. Limited guardianships assign only specific powers and responsibilities to the guardian, allowing the IP to retain more of their rights and autonomy. The exact powers assigned to the guardian are determined by the court.
How is a Guardianship Created?
Petitioning for a New Guardianship
An Alleged Incapacitated Person (AIP) is someone who is claimed to be incapacitated in a Petition for Adjudication of Incapacity. If the petition is granted, the person is referred to as the Incapacitated Person (IP). Anyone who is concerned with the AIP’s well-being may petition the court for guardianship. The petitioner does not need to be willing to serve as guardian but should include contact information and relationship to the AIP of the proposed guardian. A petition is filed with the clerk of the orphans’ court in the county where the AIP resides. The petitioner must include what type of guardianship is sought, personal information about the AIP, proposed guardians (if identified), and any interested parties. The petition must also contain the reason the petitioner is seeking guardianship for the AIP, information about any existing advance planning documents like power of attorney, and what interventions and alternatives have been tried prior to filing the petition.