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    February 2, 2023
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OLIVER PRICE & RE HODES Attorneys at Law Joseph A. O'Brien John R. O'Brien Alfred J. Weinschenk James W. Reid James J. Gillotti William F. Dunstone Jane M. Carlonas Kimberly Kost Scanlon Jenna M. Kraycer Tuzze Travis M. Eckersley John M. Price Katherine M. Kennedy Of Counsel: Paul D. Horger Since 1962 1212 South Abington Road | P.O. Box 240 | Clarks Summit, PA 18411 Tel. 570.585.1200 | Fax 570.585.5100 | www.oprlaw.com The ABCs of Guardianships by Kimberly Kost Scanlon and Jenna Kraycer Tuzze of his or her life, while fully able to handle other aspects. Therefore, the Court should not impose more restrictions upon the person's autonomy and ability to make decisions than absolutely necessary. A guardianship is customarily initiated by filing a petition for appointment of guardianship prepared by an attorney on behalf of a family member, who may be seeking to assist a relative in handling matters he or she can no manage. The petitioning party may seek to be the guardian appointed by the Court, or may ask another qualifying individual or agency to be appointed as guardian. Depending on the facts and circumstances involved in the care of the individual, the guardianship may be limited or plenary; it may focus on only the alleged incapacitated person's "Estate" or finances or "Person" and medical and healthcare matters, or it may include both. Upon filing the petition for guardianship, the Court will appoint an attorney to represent the alleged incapacitated person throughout the process. Pennsylvania law requires all living next of kin be given notice of the request for appointment of guardianship, which generally includes parents, siblings and children living in the Commonwealth of Pennsylvania. A hearing will be scheduled before the Orphan's Court, at which time evidence will be presented of the alleged incapacitated person's medical needs, daily needs, matters the individual can and cannot do without assistance, and an expert report by a treating physician familiar with the individual's medical history, With the media sensation centering upon the conservatorship of pop superstar, Britney Spears, many Americans have a new interest (and wariness) of what conservatorship entails. In Pennsylvania, the process is called guardianship. which mainly impacts individuals who are incapacitated under the law. Generally, an incapacitated adult is one whose ability to receive and evaluate information effectively and/or communicate decisions in a meaningful way is impaired. The level of impairment must be significant enough that the person is either partially or totally unable to manage his or her own financial affairs or meet essential requirements to maintain his or her own physical health, safety and welfare. As a result of the individual's level of incapacitation, shown through clear and convincing evidence, the Court will appoint a guardian to stand in the shoes of the incapacitated person and make these decisions for him or her, in his or her best interest. Pennsylvania law does emphasize the individuality and unique abilities of these incapacitated individuals. The goal of Pennsylvania guardianship law is to allow persons who are incapacitated to participate as fully as possible in decisions which affect their everyday lives and balances the fulfillment of individual needs with an approach that is the "least restrictive alternative". In other words, it is possible that someone may be partially incapacitated and unable to handle certain aspects Ultimately, the Court must make findings and enter an order determining a few factors: (A) whether the person is totally or partially incapacitated; (B) the duration of the guardianship; (C) whether the guardianship will be plenary or limited; and (D) if limited, what types of powers the guardian will have (i.e., designating the place for the incapacitated person to live). If a guardian is appointed, he or she can begin handling the affairs of the incapacitated person according to the Court's Order. The guardian is subject to the Court's oversight. The Guardian must file annual reports regarding financial expenditures, where the incapacitated individual is residing. major medical or mental problems, and services received, among other items. At any time, assuming there is a substantial change in the capacity of the person, the incapacitated person or attorney is free to request a review hearing for the guardianship. Guardianship is beneficial, in that it enables the guardian to continue to care for the incapacitated person's well-being, health and finances. However, it involves court intervention and the process can be relatively time consuming and expensive. The process of guardianship can be avoided through basic estate planning with an attorney, including the preparation of a power of attorney and health care directive/living will which enable the agent, specifically chosen, and appointed by the person, to act on the person's behalf in the event of incapacity. OLIVER PRICE & RE HODES Attorneys at Law Joseph A. O'Brien John R. O'Brien Alfred J. Weinschenk James W. Reid James J. Gillotti William F. Dunstone Jane M. Carlonas Kimberly Kost Scanlon Jenna M. Kraycer Tuzze Travis M. Eckersley John M. Price Katherine M. Kennedy Of Counsel : Paul D. Horger Since 1962 1212 South Abington Road | P.O. Box 240 | Clarks Summit , PA 18411 Tel . 570.585.1200 | Fax 570.585.5100 | www.oprlaw.com The ABCs of Guardianships by Kimberly Kost Scanlon and Jenna Kraycer Tuzze of his or her life , while fully able to handle other aspects . Therefore , the Court should not impose more restrictions upon the person's autonomy and ability to make decisions than absolutely necessary . A guardianship is customarily initiated by filing a petition for appointment of guardianship prepared by an attorney on behalf of a family member , who may be seeking to assist a relative in handling matters he or she can no manage . The petitioning party may seek to be the guardian appointed by the Court , or may ask another qualifying individual or agency to be appointed as guardian . Depending on the facts and circumstances involved in the care of the individual , the guardianship may be limited or plenary ; it may focus on only the alleged incapacitated person's " Estate " or finances or " Person " and medical and healthcare matters , or it may include both . Upon filing the petition for guardianship , the Court will appoint an attorney to represent the alleged incapacitated person throughout the process . Pennsylvania law requires all living next of kin be given notice of the request for appointment of guardianship , which generally includes parents , siblings and children living in the Commonwealth of Pennsylvania . A hearing will be scheduled before the Orphan's Court , at which time evidence will be presented of the alleged incapacitated person's medical needs , daily needs , matters the individual can and cannot do without assistance , and an expert report by a treating physician familiar with the individual's medical history , With the media sensation centering upon the conservatorship of pop superstar , Britney Spears , many Americans have a new interest ( and wariness ) of what conservatorship entails . In Pennsylvania , the process is called guardianship . which mainly impacts individuals who are incapacitated under the law . Generally , an incapacitated adult is one whose ability to receive and evaluate information effectively and / or communicate decisions in a meaningful way is impaired . The level of impairment must be significant enough that the person is either partially or totally unable to manage his or her own financial affairs or meet essential requirements to maintain his or her own physical health , safety and welfare . As a result of the individual's level of incapacitation , shown through clear and convincing evidence , the Court will appoint a guardian to stand in the shoes of the incapacitated person and make these decisions for him or her , in his or her best interest . Pennsylvania law does emphasize the individuality and unique abilities of these incapacitated individuals . The goal of Pennsylvania guardianship law is to allow persons who are incapacitated to participate as fully as possible in decisions which affect their everyday lives and balances the fulfillment of individual needs with an approach that is the " least restrictive alternative " . In other words , it is possible that someone may be partially incapacitated and unable to handle certain aspects Ultimately , the Court must make findings and enter an order determining a few factors : ( A ) whether the person is totally or partially incapacitated ; ( B ) the duration of the guardianship ; ( C ) whether the guardianship will be plenary or limited ; and ( D ) if limited , what types of powers the guardian will have ( i.e. , designating the place for the incapacitated person to live ) . If a guardian is appointed , he or she can begin handling the affairs of the incapacitated person according to the Court's Order . The guardian is subject to the Court's oversight . The Guardian must file annual reports regarding financial expenditures , where the incapacitated individual is residing . major medical or mental problems , and services received , among other items . At any time , assuming there is a substantial change in the capacity of the person , the incapacitated person or attorney is free to request a review hearing for the guardianship . Guardianship is beneficial , in that it enables the guardian to continue to care for the incapacitated person's well - being , health and finances . However , it involves court intervention and the process can be relatively time consuming and expensive . The process of guardianship can be avoided through basic estate planning with an attorney , including the preparation of a power of attorney and health care directive / living will which enable the agent , specifically chosen , and appointed by the person , to act on the person's behalf in the event of incapacity .