Pennsylvania Guardianship And Conservatorship Legal Questions

Please consult a local guardianship attorney.  If your local probate court does not have a list, you might try the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law attorneys (www.naela.org).  That lawyer can advise you what kind of guardianship your local court is likely to award, what documents you will need to present, how much it is likely to cost and how long it is likely to take.... Read More

Your mother can only grant you a Medical or Durable [Financial] Power of Attorney if she has legal capacity to do so.  She may have legal capacity to grant a Medical Power of Attorney, allowing you to be her voice with regard to medical care to the extent that this is not trumped by her decision to enter hospice care, but not the legal capacity to grant a Durable [Financial] Power of Attorney, allowing you to access her finances.  Elder lawyers do make "house calls."  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If your sister is mentally ill, then she may not be capable of executing a valid power of attorney at all.  If that's the case, then your recourse is to file a petition to have her adjudicated an incapacitated person and have yourself appointed as her guaridan.  If you are successful, the fees/costs of the proceeding would be paid from your sister's assets. ... Read More

I'm sorry to hear of your mother's unfortunate accident.  The process begins by filing a petition to appoint a guardian of your mother.  You'll need to produce medical evidence of her incapacity, which I assume in your situation won't be a problem.  I would strongly recommend that you retain counsel to assist you.  If you are successful, your can be reimbursed for your attorneys fees from your mother's assets.... Read More

I always try solutions that are easiest and quickest for a solution. If your concern is that the guardian isn't doing right by your friend, I think the first step is to contact the guardian and see if you can't nicely convince them to make some changes.  If the guardian is subject to any type of oversight, either by an employer, or the court (and usually the court is involved) you could bring your concerns to the attention of someone else if your direct contact with the guardian fails.  The last resort would be to petition the court to remove the guardian and replace with you.  You'd have to prove the the guardian wasn't doing their job and that you're a better fit for the job than another professional guardian.  The legal proceeding will be costly (expect no less than $5,000 and very likely more) and you'll have to pay that from your pocket.  If you are successful you may be able to recover that money from your friend's assets, if there are any. ... Read More

This is a common mistake to name a minor as a beneficiary of any account.  Unfortunately, you'll need to file a peitition with the local court to have a guardian appointed.  Sadly you won't be able to be the guardian. Law prohibits that.  Someone else will have to be named or at least co-guardian with you.  I can't tell you how to file the petition in this QA forum.  Your best bet is to retain counsel to get this done quickly and correctly. ... Read More

The father has standing to seek a modification of the custody order b/t he and mom if there's a danger to the kids due to mom's choice of mate.  Is father involved?  If not, as a uncle or aunt you probably have no standing.  You might consider calling in your concern with your county children and youth agency.  You might also all the lawyer referral service in your county for a referral.  The 16th is coming up very fast -- not much time for someone to get involved and up to speed to be an effective advocate for you. ... Read More

Hi Katie.  I don't think question can easily be answered in the forum.  Guardians are typically appointed by the court after presentation and consideration of a petition filed by someone who has an interest in the person.  That process is generally not something you can do on your own.  I encourage you to contact a local attorney, share the details of your situation and get some specific advice. ... Read More