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Pennsylvania Guardianship: How Families Get a Guardian for an Aging Parent
In Pennsylvania, the orphans' court decides whether an adult is incapacitated and who becomes guardian. Here is how 20 Pa.C.S. Chapter 55 and the court's guardianship rules work, from the petition to the annual report.
By naveen · Updated · How we research our guides
What to know
- A Pennsylvania judge can appoint a guardian only on clear and convincing evidence, and can't appoint one if a less restrictive alternative, such as a power of attorney, is sufficient (20 Pa.C.S. § 5512.1).
- Since a 2023 law took effect in 2024, the court must appoint a lawyer for your parent if they don't have one, whether or not they can pay.
- If your parent named a guardian in a power of attorney or health care power of attorney, the court must follow that choice except for good cause or disqualification.
- A guardian of the estate files an inventory within 90 days, every guardian reports to the court each year, and your parent can ask for a review hearing at any time.
- Retirement Checklist puts the documents that can avoid guardianship in order, alongside everything else your family needs to settle.
Guardianship is the court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. In Pennsylvania, the orphans' court division of the county court of common pleas appoints the guardian and supervises them afterward. If your parent can still sign documents, a Pennsylvania power of attorney and a health care power of attorney or living will are the alternatives the statute itself lists.
What is guardianship in Pennsylvania?
It's a court order that lets a chosen person decide for an adult the court finds incapacitated. The law is 20 Pa.C.S. Chapter 55, "Incapacitated Persons," and statewide court rules add procedure in Chapter XIV of the Rules of Orphans' Court Procedure.
Under § 5501, an incapacitated person is "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." Pennsylvania doesn't use the word conservator in this chapter. It splits the job by subject and by scope:
| Type | What it covers |
|---|---|
| Guardian of the person | Decisions about your parent's "health, safety, and wellbeing," in the words of the court's guardian handbook |
| Guardian of the estate | Your parent's money and property |
| Limited guardian | Only the powers the order lists, for a person found partially incapacitated |
| Plenary guardian | Full powers, allowed only if your parent is "totally incapacitated and in need of plenary guardianship services" (§ 5512.1) |
The same person can hold both roles, or the court can split them. For how the process compares in general terms, see our overview of conservatorship and guardianship.
When does a parent need one, and what are the alternatives?
A parent needs one only when they're incapacitated and no less restrictive option is enough. Under § 5511, the court acts "upon petition and hearing and upon the presentation of clear and convincing evidence."
A 2023 law, Act 61, tightened the test. It was enacted on December 14, 2023 and took effect 180 days later (Act 61 of 2023). Under § 5512.1 as amended:
- "A determination of incapacity is separate from a determination of whether a guardian should be appointed."
- "The court may not appoint a guardian if a lesser restrictive alternative exists that is sufficient to support the needs of an incapacitated person."
- The court must make "specific findings of fact" on the absence of enough family, friends or other supports and "of the insufficiency of each less restrictive alternative before ordering guardianship."
- If guardianship is needed, the court "shall prefer" a limited guardianship over a plenary one.
The statute's list of alternatives includes powers of attorney, living wills, health care powers of attorney, health care representatives, trusts, Social Security representative payees and ABLE accounts. The petition itself must "allege specific facts demonstrating that less restrictive alternatives were considered or tried and why the alternatives are unavailable or insufficient" (§ 5511(e)).
Pennsylvania also has a default for medical decisions. If your parent's attending physician finds them incompetent and there's no available health care agent or guardian of the person, a health care representative can decide: someone your parent designated, or otherwise someone from a statutory list that starts with the spouse (20 Pa.C.S. § 5461). The statute doesn't use the phrase supported decision-making, but the court's handbook describes it as a process "that allows the IP to make their own decisions after consulting with trusted supporters."
Who can be the guardian?
Your parent's own written choice comes first. Under the court's Rule 14.6, the court "shall appoint the person nominated as such in a power of attorney, a health care power of attorney, an advance health care directive, a mental health care declaration, or mental health power of attorney, except for good cause shown or disqualification." The statutes say the same about a durable power of attorney (§ 5604(c)(2)) and a health care power of attorney (§ 5460(b)).
Without a nomination, Rule 14.6 lists, in order, who the court considers as guardian of the person: the guardian of the estate; the spouse, unless estranged or a divorce is pending; an adult child; a parent; a parent's nominee; an adult sibling, grandchild or other relative; an adult who knows your parent's preferences and values; then another qualified guardian, including an entity. The list for a guardian of the estate starts with the guardian of the person and applies when the estate is minimal or the candidate can manage it.
Other rules from § 5511(f), which also lets the court appoint agencies and nonprofits:
- It won't appoint a paid residential provider or anyone with a conflicting interest unless no alternative exists. "Any family relationship to such individual shall not, by itself, be considered as an interest adverse to the alleged incapacitated person."
- Someone seeking a third active guardianship must be certified by a national certification organization or get a waiver. A relative seeking a first or second guardianship isn't covered by that requirement.
Every proposed guardian attaches a Pennsylvania State Police criminal record check issued within six months of filing (Rule 14.2).
How do you get guardianship of a parent in Pennsylvania?
You file a petition in the orphans' court of the county where your parent is domiciled, resides, or lives in a long-term care facility (§ 5512). "The petitioner may be any person interested in the alleged incapacitated person's welfare." The steps:
- Prepare the petition. Under § 5511(e) and Rule 14.2, it covers, in plain language, your parent's condition and functional limits, why a guardian is needed, the specific areas of incapacity, the proposed guardian and the alternatives tried. It must say whether your parent signed a power of attorney or health care directive, and attach those documents if available.
- Serve the citation. The court's Form G-01, Citation with Notice, is personally served on your parent with the petition at least 20 days before the hearing, and the petition's terms are explained to them "to the maximum extent possible." Relatives who would inherit if your parent died without a will, the residential provider and any agent named in your parent's documents get notice too.
- Counsel for your parent. "Regardless of the ability of the alleged incapacitated person to pay, the court shall appoint counsel" if your parent hasn't hired one (§ 5511(a.1)). That lawyer "shall advocate for the client's expressed wishes" and must meet your parent as soon as reasonably possible.
- Expert evidence. Incapacity must be shown through testimony from someone "qualified by training and experience in evaluating individuals with incapacities of the type alleged" (§ 5518). Under Rule 14.3, the court may accept the Form G-06 expert report instead, but your parent's lawyer can demand live testimony within five days of receiving it.
- The hearing. Your parent must attend unless a physician or licensed psychologist shows it would harm them, or they're out of state. It can be held at your parent's home, and is closed, with or without a jury, on your parent's request. Your parent's lawyer can cross-examine every capacity witness (§ 5518.1).
- The order. The judge makes the findings § 5512.1 requires and names the type of guardian. The order must say whether your parent's existing powers of attorney stay in effect (Rule 14.7), and for a guardian of the estate, whether a bond is needed and whether principal can be spent without asking first.
If the court denies the petition, the order must name the alternatives that are sufficient (§ 5512.1). The court's orphans' court forms page has the statewide guardianship forms.
What about an emergency?
A court can appoint an emergency guardian after a hearing on clear and convincing evidence that your parent "lacks capacity, is in need of a guardian and a failure to make such appointment will result in irreparable harm" (§ 5513). The right to counsel still applies unless the court finds that isn't feasible.
An emergency guardian of the person can serve "for up to 72 hours," and if the emergency continues, the order can be extended "for no more than 20 days from the expiration of the initial emergency order." An emergency guardian of the estate can serve no more than 30 days. After that, a full guardianship proceeding must be started under § 5511.
What does a guardian have to do?
A guardian of the person must "assert the rights and best interests of the incapacitated person" and respect your parent's expressed wishes "to the greatest possible extent" (§ 5521). The main duties:
- Bond. The court may require a guardian of the estate to post a bond sized to the property the guardian will control, and may waive or change it for good cause (§§ 5121 to 5123, Rule 14.5). The handbook notes the premium "may be paid out of the assets of the IP."
- Inventory. A guardian of the estate files an inventory "within 90 days of such guardian's appointment" (Rule 14.8).
- Annual reports. Each guardian reports "at least once within the first 12 months of his appointment and at least annually thereafter" (§ 5521(c)). The person report covers where your parent lives, their health and services, whether the guardianship should continue, and the number and length of visits. The court's handbook says this requirement "cannot be waived by the court."
- Final report. Within 60 days of your parent's death, a finding of capacity, or a change of guardian.
- Training. The rules we read don't require family guardians to take a course, but the petition must say whether the proposed guardian has had any training (Rule 14.2), and the court system offers a video training series.
Some decisions need the court first:
| Decision | Rule |
|---|---|
| Spending principal (savings, sale proceeds) | Court approval unless the order says otherwise (Rule 14.7); income can go to your parent's care without approval (§ 5536) |
| Selling real estate | Petition to the court, stating any objection your parent has expressed (Rule 14.10) |
| Gifts of your parent's money or property | Petition, notice to all parties in interest and good cause (§ 5536(b)) |
| Abortion, sterilization, psychosurgery, electroconvulsive therapy, removing a healthy organ, experimental procedures | Only if the order grants it after specific findings (§ 5521(d)) |
| Prohibiting a marriage or consenting to a divorce | Same (§ 5521(d)) |
| Admitting your parent to an inpatient psychiatric facility | The court can't grant this power to a guardian (§ 5521(f)) |
If your parent objects to an action the guardian asks the court to approve, the guardian must tell the court. Guardians watching over a parent's money can find the warning signs of exploitation in our guide to protecting a parent from scams.
What rights does your parent keep, and how does it end?
With a limited guardianship, your parent "shall retain all legal rights" outside the areas the order gives the guardian (§ 5512.1(g)). With a total incapacity finding, § 5524 says your parent can't make "any contract or gift or any instrument in writing." At the end of the hearing, the court must make sure your parent is told of their right to appeal and to ask for modification or termination.
A guardianship can be reviewed and ended:
- Scheduled review. If the evidence suggests your parent's condition may change, the order must set a review hearing within one year (§ 5512.2(a)).
- Petition at any time. "At any time following the issuance of the order establishing guardianship, any interested person may file a petition with the court to terminate or modify the guardianship." Since Act 39 of 2025 took effect, "The court shall schedule the review hearing within 30 days of the filing of the petition" and the hearing "shall occur no later than 60 days after the filing of the petition" (Act 39 of 2025).
- Burden of proof. The side arguing to keep or expand the guardianship must prove it by clear and convincing evidence, and the court appoints your parent a lawyer if they have none (§ 5512.2(b), Rule 14.9). If a guardianship is no longer necessary or an alternative exists, "the court shall discharge the guardianship."
How much does it cost?
Pennsylvania's guardianship statute and court rules, as we read them, don't set a statewide filing fee; each county's clerk of the orphans' court publishes its own. As one county's example, Lancaster County's 2026 bill of costs lists $207.00 to file the petition, including the citation, final decree and certificate, plus $25.00 to file and approve a bond, $25.00 per guardian report filed on paper, and $50.00 for a petition to sell property (Lancaster County Orphans' Court Bill of Costs).
If your parent can't pay for their lawyer or the independent evaluation, "the court shall order the county to pay these costs" (§ 5511(c)). Otherwise, the rules' comment says counsel fees "should be paid from the estate of the alleged incapacitated person whenever possible." The sources we read don't set the filing family's own attorney fees; an elder law attorney can explain what to expect.
Frequently asked questions
Does my parent get a lawyer in a Pennsylvania guardianship case?
Yes. Since Act 61 of 2023 took effect, the court must appoint a lawyer for your parent if they haven't hired one, regardless of their ability to pay. That lawyer advocates for your parent's own expressed wishes and must meet them as soon as reasonably possible after appointment. The county pays if your parent can't.
How long does an emergency guardianship last in Pennsylvania?
An emergency guardian of the person can serve up to 72 hours, extendable for no more than 20 days if the emergency continues. An emergency guardian of the estate can serve no more than 30 days. After that, the family must start a full guardianship case, with notice, a lawyer for your parent and a hearing.
Can a power of attorney avoid guardianship in Pennsylvania?
It can. The court may not appoint a guardian if a less restrictive alternative, such as a financial or health care power of attorney, is sufficient. If a guardian is still needed, the court must appoint the person your parent nominated in those documents unless there's good cause or disqualification. Your parent must be able to sign.
How often does a Pennsylvania guardian report to the court?
A guardian of the estate files an inventory within 90 days. Each guardian then files an annual report one year after appointment and every year after that, and a final report within 60 days after the guardianship ends. The reports can be filed online through the court's Guardianship Tracking System, and late filers are flagged to the judge.
Can a guardianship in Pennsylvania be ended?
Yes. Any interested person, including your parent, can petition at any time to end or change it. The court must schedule a hearing within 30 days and hold it within 60 days of the petition. The side wanting the guardianship to continue must prove it by clear and convincing evidence, or the court discharges it.
Getting started
Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a durable power of attorney and a health care power of attorney let them choose who acts for them, and can name the guardian if a court is ever needed. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- 20 Pa.C.S. Chapter 55, Incapacitated Persons: the guardianship statute.
- Act 61 of 2023: the 2023 reforms on counsel and alternatives.
- Act 39 of 2025: the 30-day and 60-day schedule for review hearings.
- 20 Pa.C.S. Chapter 56, Powers of Attorney: § 5604(c), nominating a guardian in a durable power of attorney.
- 20 Pa.C.S. Chapter 54, Health Care: § 5460, nominating a guardian of the person, and § 5461, health care representatives.
- Pa. Rules of Orphans' Court Procedure, Chapter XIV: the court rules for guardianship cases.
- Unified Judicial System, Guardianship in Pennsylvania: the court system's guardianship resources.
- Pennsylvania Guardian Handbook: the court system's practical guide for guardians.
- Unified Judicial System, Orphans' Court Forms: the statewide guardianship forms G-01 to G-07.
- Pennsylvania Department of Aging, Legal Support for Caregivers: the state's overview of guardianship.
- Lancaster County Orphans' Court Bill of Costs: one county's guardianship filing fees, effective January 1, 2026.
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