Best Guardianship Lawyers in Philadelphia

About Guardianship Law in Philadelphia, United States:

Guardianship is a legal relationship that grants one person the authority to make decisions for another person who is unable to make decisions for themselves. In Philadelphia, United States, guardianship laws are governed by state statutes and regulations that outline the process of appointing a guardian and the responsibilities they have towards the individual under their care.

Why You May Need a Lawyer:

Individuals may require legal help in guardianship cases if they are seeking to become a guardian for a minor or an incapacitated adult, if they are facing challenges with the current guardian, or if they need assistance with guardianship termination or modification. A lawyer can help navigate the legal system, ensure that the rights of the individual under guardianship are protected, and advocate for their best interests.

Local Laws Overview:

In Philadelphia, guardianship laws are outlined in Title 20 of the Pennsylvania Consolidated Statutes. Key aspects of local laws relevant to guardianship include the criteria for determining incapacity, the process for appointing a guardian, the duties and powers of a guardian, and the procedures for guardianship termination or modification.

Frequently Asked Questions:

1. What is the difference between a guardian and a conservator?

A guardian is responsible for making personal decisions for an individual, such as healthcare and living arrangements, while a conservator is responsible for managing the individual's finances and assets.

2. How is incapacity determined for guardianship purposes?

Incapacity is typically determined by a court through medical evaluations and assessments of the individual's ability to make decisions for themselves.

3. Can I challenge a guardianship decision in court?

Yes, you can challenge a guardianship decision in court by filing a petition for guardianship modification or termination.

4. Can a guardian be removed from their position?

Yes, a guardian can be removed from their position if they are found to be unfit or are not fulfilling their duties properly.

5. How long does a guardianship last?

A guardianship can last indefinitely, but it can be terminated or modified if circumstances change.

6. Can a guardianship be transferred to another person?

Yes, a guardianship can be transferred to another person through a legal process that involves the court's approval.

7. What are the responsibilities of a guardian?

The responsibilities of a guardian include making decisions in the best interests of the individual under guardianship, providing for their care and well-being, and reporting to the court regularly.

8. How much does it cost to establish a guardianship?

The cost of establishing a guardianship can vary depending on the complexity of the case and the legal fees of the attorney involved.

9. Can a guardianship be established for a child with special needs?

Yes, a guardianship can be established for a child with special needs to ensure they receive care and support after reaching the age of majority.

10. Are there alternatives to guardianship?

Yes, alternatives to guardianship include power of attorney, healthcare proxies, and advance directives that allow individuals to designate someone to make decisions on their behalf.

Additional Resources:

For more information on guardianship in Philadelphia, you can contact the Philadelphia Bar Association or the Philadelphia Department of Human Services. These organizations can provide guidance and resources for individuals in need of legal advice on guardianship matters.

Next Steps:

If you require legal assistance in guardianship matters in Philadelphia, it is advised to consult with a qualified attorney who specializes in guardianship law. They can offer guidance on your specific situation and help you navigate the legal process effectively.