Pennsylvania Adult Guardianship: Rights, Alternatives and Review Hearings
Adult guardianship is a court process that can transfer important decision-making authority. In Pennsylvania, the court must consider the person’s abilities, needs, and available alternatives. Age, a diagnosis, or a family disagreement does not by itself establish that a full guardianship is necessary.
The person has a right to counsel
Pennsylvania law requires the court to appoint counsel for an alleged incapacitated person unless the person has retained counsel. The proceeding requires evidence and legal findings; relatives cannot simply appoint themselves as guardian. Counsel represents the person’s legal interests during a process that can affect substantial rights.
Less restrictive alternatives come first
The court must consider whether needs can be met through less restrictive arrangements. Depending on the circumstances, these may involve valid planning documents, available support, or other ways to assist with particular decisions. An existing power of attorney should be examined for its scope and whether the arrangement is actually working.
If guardianship is necessary, the court should consider limited authority tailored to the person’s needs. Authority over personal matters and authority over financial matters are distinct; an order should be read carefully before anyone acts.
Can a guardianship be reviewed?
Yes. Review can address whether guardianship remains necessary and whether its scope should change. Pennsylvania law provides for interested persons to petition for review. It also requires a review hearing within one year when the evidence indicates that the circumstances causing incapacity may change. That requirement should not be confused with a universal annual hearing for every case.
The court can consider improved abilities, new supports, problems with the guardian, and whether a less restrictive alternative can now meet the person’s needs.
What families should prepare
Describe the specific decisions or safety concerns requiring help.
Collect relevant planning documents and information about existing supports.
Distinguish what the person can do independently from areas requiring assistance.
Identify the person’s wishes and possible alternatives to a court-appointed guardian.
This article concerns adult guardianship. Guardianship involving a child raises different issues.
Sources: Pennsylvania statutes on petitions and hearings, determining incapacity and alternatives, and review hearings.
Contact Jacobs, Wilson & Onofry to discuss how these issues apply to your circumstances.
Sources checked October 1, 2026. This article provides general information, not legal or tax advice. Rules and individual circumstances can change the result.