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The person applying for guardianship must file an application in the Court of Common Pleas. Counsel and hearings will be involved, notices will be given to the appropriate parties, and annual reports on the individual's personal and financial status. Guardianships can be challenging for all parties concerned.
How is a guardianship proceeding initiated? An interested person may file a petition in the Court of Common Pleas, Orphans Court Division for the appointment of a guardian for a person or the person's estate.
When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf.
As of , the average hourly pay for a Public Guardian in Pennsylvania is $53.58 an hour.
When Does a Guardianship Trump a POA? A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.
2. How Can Guardianship be Established Without Court? In Pennsylvania, guardianship can be established without court involvement through a written agreement called a ?Power of Attorney? (POA) or a ?Standby Guardianship.?
Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500. Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000.
A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.