Guardianships Lawyer Serving State College

No one wants to think about challenging subjects like what happens to a loved one after a devastating car accident or medical emergency. However, preparing for the worst puts you and your family in a better position to handle anything that comes at you. Part of any comprehensive estate plan should be understanding guardianship and how it can affect your estate plan.

At Kreisher Marshall & Associates, LLC, we know there is a lot of confusion surrounding guardianship and its meaning. While most people focus on wills and trusts as solid estate planning tools, some aspects of creating a complete estate plan get overlooked. Our Pennsylvania attorneys are passionate about providing people in the State College area with high-quality legal advice and long-term planning solutions.

Are you ready to discuss how to protect your future? Contact our office today at (570) 784-5211 to set up an initial consultation. We proudly serve those in the State College area and want to help you find solutions that meet your needs.

What Is Guardianship?

Guardianship is a legal process in which one person is assigned to make decisions on behalf of someone who cannot make sound decisions for themselves. Adults over 18 can legally make decisions about their health, finances, education, and general well-being. However, accidents, medical emergencies, and significant physical or cognitive conditions can rob an individual of the ability to make sound decisions and judgments, and the person becomes incapacitated.

Pennsylvania defines an “incapacitated person” as an adult who has lost the ability to take in and evaluate information effectively. It can also mean an individual cannot communicate their decisions. If either of these states of being impairs their ability to manage their financial resources or meet the essential physical health and safety requirements, they might need a guardian.

A guardian has the legal authority to make decisions on behalf of the incapacitated individual.

What Responsibilities Does A Legal Guardian Have?

Assigning guardianship should never be taken lightly. A guardian has the legal power to make significant and potentially life-altering decisions for the incapacitated individual. Typically, a guardian is responsible for coordinating and monitoring relevant medical and financial decisions for an incapacitated person, generally a loved one or family member. The guardian must act in the best interests of the person they represent.

Some of the duties of a guardian can include:

Consenting to and monitoring medical treatment or caregiving services
Consenting to and monitoring educational, counseling, or rehabilitation services
Determining and monitoring living situations
Protecting assets and managing debts
Receiving income for the estate

Pennsylvania has two types of legal guardianship: Guardian of the Estate and Guardian of the Person. The Guardian of the Estate is responsible for overseeing the management of the incapacitated person’s financial affairs, while the Guardian of the Person oversees the incapacitated individual’s health and well-being.

A guardian is an advocate. They must act on behalf of the person they represent, which means appropriately accounting for all the person’s assets and funds, keeping these funds separate from their own, and offering an accurate accounting of all funds to the court. A guardian is a person you need to be able to trust with your life and your finances.

Guardianship vs. Power of Attorney

Guardianship and power of attorney are legal terms that are sometimes used interchangeably. However, they are two distinct legal concepts. The most significant difference between them is that guardianship must be granted by a Pennsylvania court. On the other hand, an individual can appoint their own power of attorney with the correct estate planning documents.

When a person is deemed “incapacitated,” a Pennsylvania court can assign guardianship, typically to a family member or loved one, to make important decisions on behalf of the incapacitated person. Family members can also petition the court to name them as the incapacitated person’s guardian by providing medical or physical evidence that demonstrates the person’s inability to make informed and independent decisions. However, it is best to secure the help of a knowledgeable elder law attorney to help you manage the legal process and present a strong case, showing why you are the correct person for the job.

Power of attorney is granted through a legal document you can include as part of a comprehensive estate plan that lets you appoint the person you want to make vital decisions on your behalf if you cannot make them for yourself. There are numerous legal forms of power of attorney, including:

General power of attorney
Health care power of attorney
Financial power of attorney
Limited power of attorney

Assigning someone a power of attorney means the named person has the legal authority to make decisions for you. Pennsylvania law requires the individual to sign a power of attorney document before a notary with two adult witnesses present.

Alternatives To Guardianship

Some people are uncomfortable with the thought of a Pennsylvania court assigning guardianship. The court does not know the intimate details of your life or family dynamics. Can you trust them to make the appropriate decision? Would it be the decision that you would make for yourself?

With a complete estate plan, you can take the guesswork out of who will make crucial decisions on your behalf. There are legal alternatives to guardianship that put the power back into your hands and can leave you feeling more confident that your best interests are front and center if an accident or medical emergency leaves you unable to care for yourself or your finances.

Some of the most common alternatives to letting the court assign guardianship include:

Power of attorneys
Living will
Trusts
Advanced medical directives
Using a representative payee appointed by Social Security
Establishing joint bank accounts
Supported decision-making
Money management programs

A knowledgeable Pennsylvania estate planning and elder care lawyer can help you build an estate plan that addresses your goals and concerns surrounding your future, from who can make decisions on your behalf to how your assets will be distributed after death. A comprehensive estate plan keeps you in control and helps to ensure that you are in charge of determining what’s best for you and your family.

How Can A Pennsylvania Attorney Help You Or Your Family?

Who do you want to make decisions for you, a family member of your choosing or a Pennsylvania court? A compassionate estate planning lawyer at Kreisher Marshall & Associates, LLC, can help you draft an estate plan that covers all your bases. What if a loved one has no estate plan, and you must petition the court to represent your family member? We can help with that, too. Our sensitive legal team has the knowledge and tools to help you navigate the legal system and protect you and your family.

If you live in the State College area, contact our office today at (570) 784-5211 and request a legal consultation to learn more about your options. We offer in home, office and virtual appointments.