Guardianship

We Offer Sound Advice About Pennsylvania Guardianship

As senior citizens continue to comprise one of the fastest-growing segments of our population, more and more families face the guardianship dilemma: how and when do you intervene to protect an elderly loved one who can no longer make responsible decisions? Contact an experienced attorney at Berman & Asbel in Media for answers to your questions about guardianship and whether it's a good choice for your family.

Our lawyers provide dependable advice and support for families who need to decide whether to take formal steps toward guardianship. While a durable power of attorney can help avoid the need for a guardian by designating a trusted person to assume responsibility for an incapacitated person's affairs, it's not always easy to recognize exactly when a person's incapacity justifies the fairly drastic remedy of guardianship.

How does appointment of a guardian work?

Pennsylvania law allows for the appointment of a guardian upon filing of a petition and proof that the person to be protected is "incapacitated" within the meaning of the law. Without going into the legal language too closely here, an adult can be found incapacitated if he or she is partially or totally unable to manage finances or meet essential health and safety requirements.

Our attorneys advise families about the pros and cons of guardianship, from the evidence required to establish legal incapacity to the family divisions that sometimes arise when the adult children of an elderly person can't agree about the need for guardianship. In some cases, the allegedly incapacitated person is lucid enough to resist appointment of a guardian and defeat the petition.

At Berman & Asbel, we help families with all aspects of guardianship:

• Deciding whether to file a petition for appointment of a guardian
• Resolving family disputes as to the need for a guardian or who should serve as a guardian
• Identifying less intrusive ways to meet the essential goals of the guardianship through trust instruments, in-home assistance or other alternatives
• Presenting the petition and supporting evidence in court
• Monitoring the performance of the guardian as a fiduciary
• Guardianship litigation concerning breach of fiduciary duty, replacement of a guardian, or modifying the terms or scope of a guardianship

Guardianship can be an effective means of protecting a vulnerable loved one from exploitation, but it should never be undertaken lightly. The experience and sound counsel of our attorneys can help you decide whether guardianship is right for your situation. For additional information, contact Berman & Asbel in Media.