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 uardianship
is a legal relationship whereby the court appoints a
person (the guardian) the power to make personal
decisions for another (the ward or protectee).
A family
member, nursing home, or area agency of aging initiates
the proceedings by filing a petition in the orphans’
court in the county where the individual resides. A
medical examination by a licensed physician is necessary
to establish the condition of the individual.
If a court of
law determines the individual is unable to manage his or
her financial resources and meet the essential
requirements for his or her health and safety, the court
may appoint a guardian to make financial and personal
decisions for the individual. Unless limited by the
court, the guardian has the same rights, powers, and
duties over the ward as parents have over their minor
children. The guardian is required to report to the
court on an annual basis.
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What is the Difference
between a Power of Attorney and a Guardianship?
A power of attorney is a relatively low cost and private
way to decide which family member or trusted friend will
have the legal authority to carry out your wishes if you
can no longer act for yourself. |
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If you do not
have a power of attorney or if your power of attorney is
not drafted properly, and something happens that results
in your inability to make decisions, your family/friends
may face court proceedings and a court supervised
guardianship. A court proceeding is not only costly, but
the person appointed as your guardian may not be the
person whom you would have chosen yourself.
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