Need to Seek Guardianship for an Incapacitated Person?

Senior citizens comprise one of the fastest growing segments of the American population, which means more and more families are tasked with caring for their elderly loved ones during their twilight years. How and when can a family member intervene to protect an elderly loved one who can no longer make decisions for himself or herself? The answer is that family members or other interested parties can apply to be legally recognized as a decision-maker with a guardianship relationship. These relationships allow a guardian to make important medical, and sometimes financial, decisions on behalf of another.

The attorneys at Berman & Asbel, LLP, in Media, can answer any initial questions you might have about a guardianship and the process by which you can obtain control over a loved one's affairs.

We invite you to learn more about our services during an initial consultation. Please call our Pennsylvania law office today at 484-842-0276 or contact our helpful attorneys online.

Honest Advice Backed by Decades of Experience

Our lawyers provide dependable advice and support for families who need to decide whether to take formal steps toward guardianship. While a durable power of attorney can help avoid the need for a guardian by designating a trusted person to assume responsibility for an incapacitated person's affairs, it is not always easy to recognize the point at which it becomes justified to seek a guardianship arrangement.

How Does the Appointment of a Guardian Work?

Pennsylvania allows an individual to file a petition to become a guardian so long as there is proof that the person to be protected is truly "incapacitated" by legal definition. Essentially, this means that an adult must be found partially or totally unable to manage finances or meet essential health and safety requirements.

Our attorneys will advise you on the pros and cons of guardianship, help you collect the necessary evidence to establish legal incapacity, as well as deal with disputes that could arise when family members disagree about the need for a guardianship.

We Can Help You With the Entire Process

At Berman & Asbel, LLP, we help families with all aspects of guardianship, including:

  • Deciding whether to file a petition for appointment of a guardian
  • Resolving family disputes as to the need for a guardian or who should serve as a guardian
  • Identifying less intrusive ways to meet the essential goals of the guardianship through trust instruments, in-home assistance or other alternatives
  • Presenting the petition and supporting evidence in court
  • Monitoring the performance of the guardian as a fiduciary
  • Guardianship litigation concerning breach of fiduciary duty, replacement of a guardian, or modifying the terms or scope of a guardianship

Have More Questions? Contact Us Now for an Initial Consultation

Guardianship can be an effective means of protecting a vulnerable loved one from exploitation, but careful consideration should be given before undertaking the legal process. The experience and sound counsel of our attorneys can help you decide whether guardianship is right for your situation.

Please schedule an initial consultation to discuss the pros and cons of guardianships as they pertain to your specific situation. Our Media attorney can be reached by calling 484-842-0276 or by contacting our law office online.