Chapter 4

OTHER GUARDIANSHIP SITUATIONS

Successor Guardian

A successor guardian will be appointed if a guardian dies or is no longer able to serve. If you have been appointed as a successor guardian, you assume all responsibilities discussed in the Guardian of the Estate and/or Guardian of the Person sections, depending on your appointment. You are required to submit annual reports each year on the anniversary of your appointment. Additionally, if you have been appointed guardian of the estate, you are required to submit an inventory report within the first 90 days of your appointment.

Co-Guardians

If you are appointed co-guardian of the person, estate, or both, you and the other guardian must work together to make all decisions relating to your responsibilities for the IP and/or their estate. Co-guardians of the estate must work together to file one inventory and one annual report. Co-guardians of the person may choose to file the annual report together or separately. It is important that co-guardians work through any differences and agree on any decisions on behalf of the IP. If a serious challenge arises that the co-guardians cannot resolve on their own, the court may be contacted to request guidance or to schedule a review hearing to determine who shall continue to serve as guardian. This process should be initiated by contacting the clerk of the orphans' court office.

Guardianship Modification

There are several reasons a guardianship may be modified or terminated, but a court order is required for any change to the guardianship to go into effect. Some reasons for a modification or termination of a guardianship include:

  • The IP regaining capacity to manage some or all of their affairs. This could occur if they recover from an injury or health condition that caused them to lose capacity. When this does occur, it is important to limit or end the guardianship in order to restore the rights of the individual under guardianship.
  • Appropriate alternatives to guardianship become available that meet the needs of the IP while allowing them greater autonomy and access to their rights.
  • The death of the IP.
  • Moving the IP to a different county or out of state.