What is a Guardian, and How Do I Appoint One?

When a person can no longer make decisions on their own, a guardian must be appointed. Appointed by the court, a guardian will make financial and/or healthcare decisions on behalf of a person who lacks the capacity to do so. Pennsylvania law has strict guidelines for determining whether a person lacks capacity, a significant factor in deciding whether a guardian should be appointed.

If someone you know is beginning to decline or you have a relative who has died and has left behind minor children, you may be confused about what steps should be taken. Thankfully, the guardianship lawyers at Mette Attorneys at Law are happy to discuss the process of establishing guardianship to ensure that your loved one’s needs are being taken care of.

Guardianship/Conservatorships

If a family member has experienced cognitive decline, they will need someone they trust to handle their medical decisions. The appointment depends on the court deciding that your relative lacks capacity. In many cases, a conservator will also be appointed to handle the person’s finances. The same person can perform both roles.

A guardianship appointment will not be needed if your loved one completed a healthcare power of attorney while they were of sound mind. Similarly, if your relative executed a financial power of attorney while of sound mind, then a conservatorship appointment will also not be necessary.

Who Determines if a Person is Incapacitated?

Pennsylvania law provides specific regulations on how to confirm a person’s incapacity. According to 20 Pa.C.S. §5518, a skilled professional (usually a licensed psychologist or clinical social worker) will assess your loved one’s cognitive and social skills. The psychologist will evaluate your family member’s capacity to communicate and make their own decisions. A single assessment may last anywhere from 45 minutes to a few hours. If the psychologist believes that a comprehensive evaluation is necessary, the process may require several visits.

After the evaluation is completed, the psychologist or other skilled professional will testify in court regarding their findings. After the hearing, the judge will consider all evidence before deciding whether to appoint a guardian and/or conservator.

Guardianship for Minor Children

In the case of minor children, you should appoint a guardian to take care of them if you pass away while they are still under the age of 18. Our legal team recommends nominating a guardian through your last will & testament (known as a testamentary guardian). This will help your family to see who you would like to have custody of your children in the event you die while they are still minors. Even when naming a guardian in your will, the court will still need to approve the appointment. This process can be prolonged but streamlined if you clearly communicate your wishes in advance.

Simplifying a Complex Process

Appointing a guardian for a loved one can be a complex process, especially if issues arise. An estate planning attorney will ensure that the necessary court paperwork is completed, preventing delays in the process. Additionally, our legal team will sit down with you to discuss your fiduciary responsibilities to ensure that your loved one’s needs are being met. The court process can be overwhelming, but when you work with Mette Attorneys at Law, you can feel peace of mind.

Speak with Our Harrisburg Estate Planning Attorneys Today

If your loved one sometimes seems confused or unaware of their surroundings, it may be time to consider appointing a guardian to handle their affairs. At Mette Attorneys at Law, our legal team understands the gravity of the decision before you. For this reason, we are prepared to assist you every step of the way. To arrange a confidential consultation with one of our Harrisburg estate planning lawyers, contact us online or call (717) 232-5000 today.