INDUSTRY INSIGHT
FAMILY LAW
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As our parents age, many of us face the difficult reality that they may no longer be able to make sound decisions regarding their health, finances, or daily affairs. When this happens, guardianship becomes a legal tool to protect their well-being. In Pennsylvania, guardianship is a court-supervised process that grants one person the authority to make decisions on behalf of another who is deemed incapacitated. While it may seem straightforward, navigating this process without legal guidance can be risky, costly, and emotionally taxing. That’ s why hiring an experienced attorney is not just helpful— it’ s essential. Understanding Guardianship in Pennsylvania Guardianship in Pennsylvania is governed by the state’ s Probate, Estates and Fiduciaries Code. It applies when an adult is found to be incapacitated— meaning they are unable to manage their personal or financial affairs due to illness, disability, or cognitive decline. A guardian may be appointed to oversee the person’ s medical decisions, financial matters, or both. Why Legal Representation Matters Here’ s why using an attorney is crucial when seeking guardianship of a parent in Pennsylvania: 1. Navigating Complex Legal Procedures Guardianship cases are filed under seal and must comply with both statewide and local Orphans’ Court rules. Each county may have its own procedural nuances, and missing a single requirement— such as failing to include the necessary medical evaluations or improperly serving notice— can delay or derail the case entirely. An attorney ensures that all filings are accurate, timely, and compliant with the law.
2. Protecting Your Parent’ s Rights Pennsylvania law mandates that the alleged incapacitated person( AIP) has the right to legal counsel, the right to attend the hearing, and the right to an independent evaluation. An attorney helps uphold these rights while also ensuring that the process respects the dignity and autonomy of your parent. Without legal guidance, you risk violating these protections, which could lead to the petition being denied or challenged.
3. Avoiding Family Conflict Guardianship proceedings can stir up deep emotions and disagreements among family members like who will act or is a guardianship even necessary. An attorney can clarify legal standards and help families reach consensus.
Why You Need an Attorney for Parental Guardianship in Pennsylvania
by: Brooke B. McMorrow, Esquire
www. mcmorrowlaw. com
4. Exploring Alternatives to Guardianship
Before pursuing guardianship, Pennsylvania courts require that less restrictive alternatives be considered which might include a power of attorney or living will. A skilled attorney will assess whether these options are viable to possibly avoid unnecessary litigation. 5. Ensuring Long-Term Compliance Once appointed, guardians must file regular reports with the court detailing the incapacitated person’ s condition, finances, and decisions made on their behalf. Failure to comply can result in removal or legal penalties. An attorney can help you understand and fulfill these ongoing responsibilities.
The Risks of Going It Alone Attempting to handle guardianship without legal counsel can lead to serious consequences:
• Petition Rejection: Incomplete or incorrect filings can result in dismissal.
• Legal Liability: Missteps in managing your parent’ s finances or medical care could expose you to lawsuits or criminal charges.
• Emotional Toll: The stress of navigating the legal system while caring for an incapacitated parent can be overwhelming.
• Loss of Trust: Family members may question your motives or decisions, especially if the process lacks transparency. Choosing the Right Attorney When selecting an attorney, look for someone who specializes in elder law or estate planning.
They should be familiar with Pennsylvania’ s guardianship statutes and local court procedures. Final Thoughts Guardianship is a powerful legal tool— but it’ s also a serious responsibility. In Pennsylvania, the process is designed to protect vulnerable individuals while preserving their rights and dignity. Hiring an attorney ensures that you meet the legal standards, avoid costly mistakes, and act in your parent’ s best interest.
This Industry Insight was written by Brooke B. McMorrow. Attorney Brooke McMorrow is the founding member and Managing Attorney of McMorrow Law, LLC located in Wexford, Pennsylvania. McMorrow Law focuses on family law matters such as divorce, custody, child support, guardianship, estate planning, and probate / estate administration in Pittsburgh and the surrounding counties. Attorney McMorrow is collaboratively trained and a certified mediator. She is licensed to practice in Pennsylvania and New York. For a free initial consultation call 724-940-0100 or visit the website at www. mcmorrowlaw. com.
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