Understanding the Role and Process of Establishing Guardianship for Seniors
This month, we explore protecting the elderly: an introduction to guardianship. Caring for aging loved ones comes with tough decisions, especially when they can no longer manage their own affairs. Guardianship provides a legal way to protect seniors who struggle with decision-making because of illness, dementia, or disability. Understanding how guardianships work helps families navigate this sensitive process and ensures their loved ones receive the care they need.
What Is Guardianship and When Is It Necessary?
A guardianship grants one-person legal authority to decide for another who cannot manage their own personal, medical, or financial affairs. Pennsylvania law requires clear evidence that an elderly individual can no longer make safe and informed decisions before appointing a guardian. Dementia, Alzheimer’s disease, stroke, or other cognitive impairments often lead families to seek guardianship for their loved ones.
Types of Guardianships for Seniors in Pennsylvania
Pennsylvania courts recognize two main types of guardianships:
- Guardianship of the Person – The guardian decides about medical care, living arrangements, and daily needs.
- Guardianship of the Estate – The guardian manages the senior’s finances, paying bills, handling investments, and protecting assets.
Some cases require both types, depending on the senior’s situation.
The Legal Process of Establishing Guardianship
Families must follow a legal process to obtain guardianship in Pennsylvania:
- File a Petition – The process starts with filing a petition in court, outlining the need for guardianship.
- Medical Evaluation – The court requires medical documentation proving the senior’s incapacity.
- Court Hearing – A judge reviews the evidence, listens to testimonies, and determines if guardianship is necessary.
- Guardian Appointment – If approved, the court appoints a guardian and outlines their responsibilities.
Legal guardianship ensures vulnerable seniors receive the care and protection they need, but the legal process can be complex. Margaret Zylka House, Attorney at Law, helps families navigate guardianship proceedings with care and experience.
For more information on any of our legal services, contact us by calling (724) 628-4955. Follow us on Facebook for our latest news. Our law office will be happy to help you understand protecting the elderly-an introduction to guardianship.
