Personal guardians must file annual reports with the court describing their activities and the health and welfare of the incapacitated person. Guardians of an estate must file annual reports regarding the management of the incapacitated person's income. Guardians are not permitted to commit incapacitated persons to an institution, prohibit their marriage, consent to a divorce, relinquish parental rights or consent to specific medical procedures such as sterilization, electro-shock therapy, psychosurgery, abortion or experimental medical procedures without separate court approval. The court must hold a hearing and may appoint an emergency guardian if there is clear and convincing evidence that failure to make such an appointment will result in irreparable harm to the person or estate. In appointing a guardian, the court could not appoint a person or entity providing such services for a fee or any person whose interests conflict with those of the incapacitated person, except where it is clearly demonstrated there is no alternative.
Preference is to be given to a nominee of the incapacitated person.
Guardianship support service ageny serve as guardians when no one else is willing. This material is for informational purposes only and should not be construed as offering advice or making recommendations on any issue. Neither the Republican caucus of the Pennsylvania House of Representatives nor any individual member thereof shall be responsible for any errors or omissions in the material contained in this document, or for the effect on such material of the subsequent passage or repeal, after its publication, of legislation dealing with the same subject matter. Moreover, they shall not be responsible for mistakes in the interpretation of any statutory provisions or case law decisions relative thereto. Any user of this document should consult with an attorney for advice on interpreting the material contained herein before taking any action in reliance thereon which could affect his or her own rights or the rights of others.