![]() (Going back to our example of the Britney Spears conservatorship, sources site her monthly payments to her guardians total about $16,000.) Pennsylvania Prefers to Use POA over Guardianship In some circumstances, there could potentially be a high cost involved for the ward. In these situations, the court-appointed guardian will receive payment from the assets of the ward or from the government if the ward lacks sufficient assets to pay the guardian’s fees. However, because guardianship is a legal relationship, a judge may appoint an independent agency or service provider rather than a friend or family member as guardian. No matter if it’s a child or an adult at the center of a guardianship matter, guardians are not permitted to benefit at the expense of the individuals they care for. (Read more about why you need a trusted guardianship attorney to help you with the process.) ![]() Pennsylvania law defines an incapacitated person as “…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.”Ī judge must declare this incapacity through a court order for a guardian or guardians to be appointed-and the legal process to obtain guardianship is not a simple one. The court may appoint a guardian to care for or handle the personal/medical (guardian of the person) and financial (guardian of the estate) affairs of a person who is incompetent or incapable of managing these decisions on their own. Sometimes the process of adoption may also come into play, and it’s important to stress here that if you are seeking guardianship of a child, you should contact an attorney experienced in the areas of guardianship, adoption, and custody to guide you. ![]() The guardianship of a minor remains under the supervision of the Orphans’ Court until the child turns 18 years old. Minor ChildrenĪs we cover on our May Herr & Grosh main guardianship page, where children are concerned, guardianship is intended to protect the legal rights of a minor child and, in many cases, allow the guardian to assume the duties of a natural parent. In Pennsylvania, all guardianships fall under the jurisdiction of the Orphans’ Court division of the Court of Common Pleas in the county in which the minor or the incapacitated person resides. In short, guardianship is a legal process designed to protect the interests of the most vulnerable: minor children in certain situations where their welfare is at stake and adults who are partially or totally unable to manage their own affairs because of incapacity or disability. With the subject of guardianships being so prominent in the public discourse now, we wanted to take a few moments and provide some background on guardianship as it relates to individuals in PA. ![]() Spears’ legal status into question-and introduced many to how guardianships work-or seemingly don’t work. Her ability to achieve these extraordinary professional milestones as an “incapacitated person” has naturally thrown the validity of Ms. Spears released several albums, undertook a world tour performing her music, and spent four years in a Las Vegas musical residency. This year, just about every news and media outlet has picked up the ongoing story of 39-year-old pop star Britney Spears, who has been living under a conservatorship-called guardianship in Pennsylvania and many other states-for well over a decade.
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