This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
Pennsylvania USLegal Guide to Guardianship
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Multi-State
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US-GDE-08
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FAQ
Hear this out loud PauseLegal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
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.
Hear this out loud PauseTo become a guardian, you will have to file a petition for guardianship of your loved one with the probate court. Your petition must explain the reasons why you believe that a guardian should be appointed.
Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
Hear this out loud PauseThere are two basic types of guardianship. One is a guardian of the estate, and the other is a guardian of the person. A guardian of the estate is responsible for the incapacitated person's finances. A guardian of the person is responsible for the incapacitated person's health, and well-being.
To become a guardian, you will have to file a petition for guardianship of your loved one with the probate court. Your petition must explain the reasons why you believe that a guardian should be appointed.
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.