Guardianship of a Child or Adult in Pennsylvania

A guardian of the person or estate of a minor may be appointed by the court of the county where the minor lives. A person nominated by a minor over 14 is preferred if the court finds the person qualified and suitable, and a person of the same religion as the parents is preferred as guardian of the person. If a minor's entire estate is worth $25,000 or less, it can in some situations be handled without appointing a guardian.

Any person interested in the welfare of an alleged incapacitated person domiciled in Pennsylvania may petition; the person must be personally served with a plain-language notice of the hearing and their rights. The court may find incapacity and appoint a guardian of the person or estate only on clear and convincing evidence, after specific findings about the person's condition, their capacity to make and communicate decisions, and the need for guardianship in light of family, friends and other supports. The court must find each less restrictive alternative insufficient before ordering guardianship; listed alternatives include durable and financial powers of attorney, health care powers of attorney and representatives, living wills, trusts (including special needs trusts), representative payees, ABLE accounts and mental health advance directives. The court must prefer less restrictive alternatives and, if guardianship is needed, a limited guardianship.