Pennsylvania Act 61 of 2023, which became effective in June 2024, brought major changes to Pennsylvania’s guardianship laws.
Guardians are appointed when a judge determines that a person is “incapacitated” which means that the person is partially or totally impaired to the point that they can’t manage their own finances or provide for their own health or safety. An incapacitated person can have a guardian appointed of their estate, who is responsible for managing their finances, a guardian of their person, who is responsible for managing and providing for their health and safety, or a guardian of both their estate and person. While in some cases the appointed guardian is a family member or friend, the appointed guardian can also be an agency which specializes in guardianships.
The first major change of Act 61 requires that judges appoint attorneys to represent the alleged incapacitated in all guardianship proceedings if the alleged incapacitated has not secured an attorney. So, regardless of the ability to pay, the court must appoint an attorney for the alleged incapacitated person.
Another major change of Act 61 is to clarify the duty of the appointed attorney which is not to merely promote the best interests of the incapacitated like a guardian ad litem. But rather, the attorney should maintain a “normal client-lawyer relationship” with the role of advocating for the alleged incapacitated person’s wishes.
Act 61 also provides that guardianship of an incapacitated person is a last resort. A petition for guardianship must show evidence that there are no less restrictive alternatives such as advance directives, durable powers of attorney or trusts, living wills, healthcare powers of attorney, and financial powers of attorney.
Also included in Act 61 are mandatory review hearings if the evidence presented at the most recent guardianship proceeding suggests that the incapacitated person’s capacity will change in the future. At these review hearings, the judge determines whether the guardianship is still required or a less restrictive alternative exists.
The final major revision relates to agencies which serve as guardian of numerous incapacitated persons. Act 61 institutes a requirement that any person or agency which serves as the guardian of three (3) or more incapacitated persons must be certified as a guardian in accordance with the rules promulgated by the Pennsylvania Supreme Court.
The attorneys at Supinka & Supinka, PC are well versed in Pennsylvania’s guardianship procedures. If you’re facing a matter which you believe could involve or require a guardianship, contact our office today for a consultation.
Contact Supinka & Supinka at 724-349-6768 to schedule an appointment.