Heritage Elder Law and Estate Planning offers appointments in-person at one of our six offices, virtually or over-the-phone for the convenience of our clients.

Please mail all information to our Butler address.

Heritage Tree LogoHow Does the Guardianship Process Work in Pennsylvania?

Ensuring our loved ones are well taken care of in the event that they are unable to attend to themselves is very important to most people. If your loved one no longer has the mental capacity to care for themselves or manage their finances, and that person has not created a power of attorney in their estate plan, they may need a guardian. The guardianship process is not easy, but it allows you to obtain legal permission to make certain choices on behalf of an incapacitated loved one. With the help of an experienced Pennsylvania estate planning attorney, you will be able to navigate this complex process with more ease. Contact Heritage Elder Law & Estate Planning today to get started.

How does the guardianship process work in Pennsylvania?

There are multiple steps involved in the guardianship process. To begin, you and your attorney must draft a petition to become your loved one’s guardian. You are also obligated to explain the petition to your loved one. Once that is done, you will file the petition with the court and state your case in the same court. The court will then designate an attorney for the alleged disabled to guarantee that they have a fair day in court and their best interests are protected. Then, months later, an expert will testify to the judge concerning the mental state of the alleged incapacitated and whether the person needs a guardian.

What will the petition do?

The petition the assets that the incapacitated party owns, who wants to take possession of them, and will also include financial information. If the judge supports your belief that your loved one is incapacitated and would benefit from you as their guardian, then the court will grant permission to make financial and healthcare decisions on behalf of your loved one.

After you are appointed guardian, you must be sure to keep track of all of your loved one’s finances to ensure that you can report back to the court each year. You must act honestly and with your loved one’s best interests in mind.

The process toward earning guardianship is a long and complex process. If you are considering guardianship for a loved one, it is in your best interest to reach out to one of our legal experts to learn more about your options. At Heritage Elder Law & Estate Planning, our attorneys are dedicated to ensuring that you and your loved ones’ futures are protected.


Whether you are dealing with matters involving estate planning, estate administration, or elder law, you need a legal team that you can feel confident will represent your best interests, every step of the way. We are that legal team. Contact Heritage Elder Law & Estate Planning today so we can get started.

Estate Planning & Probate

Whether you’re looking to secure your family’s future, protect a loved one’s assets or provide a loved one with the financial assistance he or she needs to afford long-term care, we are committed to serving your needs. We consistently offer creative and effective solutions to your most complex and sensitive estate planning needs and help your wishes come to fruition through our probate service.

Learn More

Elder Law, Medicaid Planning & Asset Protection

Everybody’s life is full of both expected and unexpected challenges. With our experience with elder law issues, we can help you enjoy the later years and retain full control over decisions that directly impact you. The attorneys at Heritage Elder Law & Estate Planning view every challenge as an opportunity. We can help you or your loved one today.

Read Our Recent Blog Posts