A guardian is a person appointed by a Pennsylvania court to make decisions for someone who can’t legally make them on their own: a child whose parents have died or can’t care for them, or an adult who no longer has the capacity to manage their health, safety, or finances. Guardianship is decided in the Orphans’ Court Division of the county Court of Common Pleas, and the court must approve both the need for a guardian and the person chosen.

Graff & Associates helps families in Philadelphia, Montgomery, Delaware, Bucks, and Chester Counties decide whether guardianship is the right tool, prepare the petition, and represent them at the hearing. In many family situations, custody, a power of attorney, or a standby designation can accomplish the same goal with less court involvement. We’ll tell you which option fits.

Pennsylvania guardianship falls into two categories, each governed by different rules:

	Guardianship of a minor	Guardianship of an incapacitated adult
Who it protects	A child under 18	An adult (18+) found by the court to be incapacitated
Main law	20 Pa.C.S. Ch. 51; Standby Guardianship Act, 23 Pa.C.S. Ch. 56	20 Pa.C.S. Ch. 55
Common situations	Parents have died, are seriously ill, or can’t care for the child; a child inherits money or receives a settlement	Dementia, serious brain injury, severe intellectual disability, or mental illness that prevents safe decision-making
Burden of proof	Child’s best interests	Clear and convincing evidence of incapacity
When it ends	The child turns 18, or the court ends it earlier	The person regains capacity, dies, or the court modifies it

In both categories, a court can appoint a guardian of the person (decisions about living arrangements, schooling, and medical care), a guardian of the estate (control of money and property), or both.led, the paying spouse may ask to convert it to APL. After conversion, fault is no longer a defense. Choosing which claim to file, and when to file it, is a strategy decision.

Guardianship of a Minor Child

Parents are a child’s natural guardians, so a court-appointed guardian is needed only when parents can’t fill that role or when a child has property that must be managed. Common situations include:

• Both parents have died, or the surviving parent has died
• A parent is seriously ill, incarcerated, deployed, or struggling with addiction and a relative is raising the child
• A child inherits money, receives life insurance proceeds, or is awarded a personal injury settlement

Guardian of the estate of a minor. A child can’t legally control significant money or property. When a minor’s total estate is worth more than $25,000, the court generally appoints a guardian of the estate to manage it until the child turns 18. For estates of $25,000 or less, the court can allow the funds to be held by a parent or the person caring for the child without a formal guardianship (20 Pa.C.S. § 5101).

Guardianship vs. custody for relatives raising a child. Grandparents, aunts, uncles, and other relatives who are raising a child often ask us about guardianship. In Pennsylvania, the right tool is frequently a custody order rather than a guardianship. Pennsylvania’s custody law lets certain third parties, including grandparents and people who have stood in loco parentis (in the place of a parent), seek legal and physical custody (23 Pa.C.S. § 5324). A custody order gives you authority to enroll the child in school and consent to medical care. Guardianship through Orphans’ Court is more common when parents have died or when the child has assets that need a guardian of the estate. We’ll look at whether the parents are living, whether they consent, and whether money is involved before recommending a route. Learn more about custody and grandparents’ rights.

Naming a guardian in your will. A sole surviving parent can name a testamentary guardian of the person of their minor child in a will. Anyone who leaves property to a minor can name a guardian of the estate to manage that property (20 Pa.C.S. § 2519).

Standby guardianship. A parent who is seriously ill can plan ahead under Pennsylvania’s Standby Guardianship Act (23 Pa.C.S. Ch. 56). The parent signs a written designation naming a standby guardian whose authority starts upon a triggering event the parent chooses: the parent’s incapacity, debilitation and consent, or death. The parent keeps all parental rights, and the designation can be revoked. Once a triggering event occurs, the standby guardian has temporary authority for 60 days and must file a petition with the court within that period, or the authority ends.

Guardianship of an Incapacitated Adult

When an adult can no longer make safe decisions, often an aging parent with dementia or an adult child with a significant disability, a family member can petition the Orphans’ Court to be appointed guardian.

Pennsylvania law defines an incapacitated person as “an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety” (20 Pa.C.S. § 5501). A diagnosis alone isn’t enough. The question is whether the person can function safely.

Guardianship Is a Last Resort

Act 61 of 2023, which took effect in June 2024, strengthened protections for people facing guardianship. Under current law:

• The petition must show that less restrictive alternatives were considered or tried and explain why they’re unavailable or insufficient (20 Pa.C.S. § 5511(e)).
• The court can’t appoint a guardian if a less restrictive alternative is sufficient. Alternatives include financial and health care powers of attorney, living wills, health care representatives, trusts (including special needs trusts), Social Security representative payees, PA ABLE accounts, and mental health advance directives (20 Pa.C.S. § 5512.1).
• The alleged incapacitated person has a right to a lawyer. If they haven’t hired one, the court must appoint counsel to represent their wishes.
• The court must prefer limited guardianship over plenary guardianship. A limited guardian has authority only in the areas the court specifies, and the person keeps all other legal rights. A plenary (full) guardian can be appointed only if the person is found totally incapacitated.

Guardianship vs. Power of Attorney

A power of attorney is signed voluntarily by a person while they still have capacity, naming someone they trust to act for them. Guardianship is imposed by a court after capacity has been lost. If your parent still has capacity, a durable financial power of attorney and a health care power of attorney can often avoid guardianship entirely. If they no longer have capacity, or an existing agent is misusing their authority, guardianship may be necessary.

Emergency Guardianship

When delay would cause irreparable harm, such as an urgent medical decision or ongoing financial exploitation, the court can appoint an emergency guardian on clear and convincing evidence. An emergency guardian of the person can serve for up to 72 hours, extendable for up to 20 more days. An emergency guardian of the estate can serve for up to 30 days. A full guardianship petition must follow (20 Pa.C.S. § 5513).

How to Get Guardianship in Pennsylvania

For an incapacitated adult, the process generally works like this:

1. Evaluate alternatives. Confirm whether a power of attorney, trust, or other arrangement already exists or could still be signed.
2. Obtain a medical evaluation. The court requires testimony from a qualified professional about the person’s capacity.
3. File the petition in the Orphans’ Court of the county where the person lives, describing their condition, the alternatives considered, and the proposed guardian.
4. Serve notice. The person must be personally served with the petition and hearing notice at least 20 days before the hearing, and close relatives must also be notified.
5. Attend the hearing. The judge hears evidence and decides whether the person is incapacitated, whether guardianship is needed, and whether it should be limited or plenary.
6. Meet ongoing duties. A guardian must file a report within the first 12 months and at least annually after that. A guardian of the estate must also file an inventory of assets and may be required to post a bond.

For a minor, the petition is also filed in Orphans’ Court, but the focus is the child’s best interests, the parents’ status and consent, and any property the child owns.

How Much Does Guardianship Cost in PA?

Costs depend on whether the case is contested, the county, whether a medical expert must testify, and whether a bond is required for a guardian of the estate. An uncontested guardianship with cooperative family members costs far less than one where relatives disagree about who should serve. Courts can order reasonable attorney fees and costs to be paid from the incapacitated person’s estate in appropriate cases. We’ll give you a clear estimate after we review your situation.

How Graff & Associates Can Help

Our attorneys can:

• Determine whether guardianship, custody, a standby designation, or a power of attorney best fits your family’s situation
• Prepare and file guardianship petitions for minors and incapacitated adults in Orphans’ Court
• Seek emergency guardianship when someone is at immediate risk
• Represent family members who object to a proposed guardianship or guardian
• Help guardians meet their inventory, reporting, and court-approval obligations
• Modify or end a guardianship when circumstances change

Related services: custody, grandparents’ rights, adoption, and child support.