Best Guardianship Lawyers in Philadelphia

About Guardianship Law in Philadelphia, United States:

Guardianship is a legal process in which a court appoints someone to make decisions for a person in need of assistance, known as a ward. In Philadelphia, guardianship laws are governed by state statutes and are designed to protect individuals who are unable to make decisions for themselves due to age, disability, or incapacity.

Why You May Need a Lawyer:

You may need a lawyer to help you navigate the complex legal process of obtaining guardianship, to ensure that the best interests of the ward are protected, and to assist with any challenges that may arise during the guardianship proceedings.

Local Laws Overview:

In Philadelphia, guardianship laws are governed by Title 20 of the Pennsylvania Statutes. Key aspects of local laws include the requirements for establishing guardianship, the duties and responsibilities of a guardian, and the process for terminating a guardianship.

Frequently Asked Questions:

1. What is the difference between guardianship and power of attorney?

Guardianship is a legal process in which a court appoints someone to make decisions for a person who is unable to do so themselves. Power of attorney, on the other hand, is a legal document in which an individual appoints someone to make decisions on their behalf.

2. How do I establish guardianship in Philadelphia?

To establish guardianship in Philadelphia, you will need to file a petition with the court, provide evidence of the ward's incapacity, undergo a background check, and attend a court hearing.

3. What are the duties of a guardian in Philadelphia?

The duties of a guardian in Philadelphia include making decisions regarding the ward's medical care, housing, finances, and overall well-being, as well as maintaining regular contact with the ward and reporting to the court on the ward's status.

4. Can a guardianship be challenged in Philadelphia?

Yes, a guardianship can be challenged in Philadelphia if there is evidence that the guardian is not acting in the best interests of the ward or if there are concerns about the guardian's ability to fulfill their duties.

5. How long does a guardianship last in Philadelphia?

A guardianship in Philadelphia can last indefinitely or until the ward is deemed capable of making decisions for themselves. The court may review the guardianship periodically to determine if it is still necessary.

6. Can I transfer guardianship from another state to Philadelphia?

Yes, you can transfer guardianship from another state to Philadelphia by filing a petition with the court and providing documentation of the existing guardianship arrangement.

7. What is the difference between a guardian of the person and a guardian of the estate?

A guardian of the person is responsible for making decisions regarding the ward's personal care and well-being, while a guardian of the estate is responsible for managing the ward's financial affairs.

8. Can I be a guardian if I live out of state?

Yes, you can be a guardian in Philadelphia even if you live out of state. However, you may need to designate a local agent or attorney to act on your behalf.

9. What are the grounds for terminating a guardianship in Philadelphia?

A guardianship in Philadelphia may be terminated if the ward is deemed capable of making decisions for themselves, if the guardian is no longer able to fulfill their duties, or if there is evidence of abuse or neglect.

10. How can I find a lawyer to help with guardianship in Philadelphia?

You can find a lawyer to help with guardianship in Philadelphia by contacting the Philadelphia Bar Association or searching online for attorneys who specialize in guardianship law.

Additional Resources:

For more information on guardianship in Philadelphia, you can visit the Philadelphia Court of Common Pleas website or contact the Pennsylvania Department of Aging.

Next Steps:

If you need legal assistance with guardianship in Philadelphia, it is recommended that you consult with a qualified attorney who can guide you through the process and help protect the best interests of the ward.