Pennsylvania Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Pennsylvania court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on 20 Pa.C.S. Chapter 55, Incapacitated Persons

By Settled Estate EditorialPublished: June 28, 2026Updated: June 10, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Pennsylvania guardianship is governed by 20 Pa.C.S. Chapter 55, Incapacitated Persons.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the Person

Handles personal and care decisions for the incapacitated person. The guardian asserts the rights and best interests of the person, helps arrange housing and care, builds a plan of supportive services, and encourages the person to participate in decisions affecting daily life.

20 Pa.C.S. 5521(a)

Guardian of the Estate

Manages the incapacitated person's money and property, including assets, income, investments, and bills. Held to fiduciary standards drawn from the rules governing personal representatives and other fiduciaries.

20 Pa.C.S. 5521(b)

Limited Guardianship

Appointed when the court finds the person partially incapacitated. The order spells out only the specific powers the guardian holds, and the person keeps every right not handed to the guardian. Pennsylvania courts must prefer limited guardianship over plenary guardianship where the facts allow it.

20 Pa.C.S. 5512.1(a)

More guardianship types2 additional arrangements courts use in specific situations, with statute cites

Plenary (Full) Guardianship

Appointed only when the court finds the person totally incapacitated and in need of plenary guardianship services. Applies to both the person and the estate. Ordered only when no less restrictive alternative and no limited guardianship is sufficient.

20 Pa.C.S. 5512.1(c)

Emergency Guardianship

Appointed on clear and convincing evidence when failure to act would result in irreparable harm. An emergency guardian of the person may serve up to 72 hours, extendable up to 20 days; an emergency guardian of the estate may serve no more than 30 days. A full guardianship proceeding is required afterward.

20 Pa.C.S. 5513

The Pennsylvania guardianship court process

1File Petition in Orphans' CourtAny person interested in the alleged incapacitated person's welfare files a petition in the Orphans' Court division of the Court of Common Pleas in the county where the person resides (20 Pa.C.S.

Any person interested in the alleged incapacitated person's welfare files a petition in the Orphans' Court division of the Court of Common Pleas in the county where the person resides (20 Pa.C.S. 5511).

2Notice and Appointment of CounselThe alleged incapacitated person receives notice and has the right to be present.

The alleged incapacitated person receives notice and has the right to be present. The court must appoint counsel to represent the alleged incapacitated person regardless of ability to pay, unless the person has retained counsel. Under Act 61 of 2023, appointed counsel meets with the person within five days of appointment, files a certification documenting the meeting, advocates for the client's expressed wishes, and may not also serve as guardian ad litem (20 Pa.C.S. 5511).

3Evaluation EvidenceThe petition is supported by testimony, typically from a physician, psychologist, or other qualified evaluator, describing the person's functional limits.

The petition is supported by testimony, typically from a physician, psychologist, or other qualified evaluator, describing the person's functional limits. The person may request an independent evaluation (20 Pa.C.S. 5511).

4HearingThe Orphans' Court holds a hearing.

The Orphans' Court holds a hearing. The person has the right to attend, to be heard, to present evidence, and to challenge the petition. The court may find incapacity only on clear and convincing evidence (20 Pa.C.S. 5511).

5Findings and Appointment of GuardianThe court makes specific findings of fact about the nature and extent of the incapacity, available family and support systems, whether less restrictive alternatives are available and sufficient, and the type and duration of guardianship needed.

The court makes specific findings of fact about the nature and extent of the incapacity, available family and support systems, whether less restrictive alternatives are available and sufficient, and the type and duration of guardianship needed. The court may not appoint a guardian if a less restrictive alternative is sufficient, and prefers limited guardianship over plenary guardianship (20 Pa.C.S. 5512.1).

6Guardian Reporting BeginsOnce appointed, the guardian must file an initial report within the first 12 months of appointment and annually thereafter (20 Pa.C.S.

Once appointed, the guardian must file an initial report within the first 12 months of appointment and annually thereafter (20 Pa.C.S. 5521).

How long it takes

Emergency guardian: hours to days (72 hours for the person, up to 30 days for the estate). Standard guardianship petition: several weeks to a few months from filing to appointment. Annual reporting is ongoing for the life of the guardianship.

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an agent for financial and legal decisions. Pennsylvania powers of attorney are presumed durable, so a signed financial POA often replaces the need for a guardian of the estate. Must be established while the person has capacity.

20 Pa.C.S. Chapter 56

Health Care Power of Attorney and Living Will

Names a medical decision-maker and states treatment wishes, covering the care decisions a guardian of the person would otherwise handle. Must be established while the person has capacity.

20 Pa.C.S. Chapter 54

Representative Payee

Appointed by the Social Security Administration to receive and manage Social Security benefits only, with no court guardianship. Limited in scope to federal benefits.

42 U.S.C. 405(j)

Supported Decision-Making

Allows a person to make their own choices with help from trusted supporters, advisors, or assistive tools, keeping legal rights intact. Pennsylvania courts must consider whether such less restrictive alternatives are available and sufficient before appointing a guardian.

20 Pa.C.S. 5512.1(a)

Revocable Living Trust

Assets placed in trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated.

20 Pa.C.S. Chapter 77

Guardianship costs

Court filing fee: Varies by county; the orphans' court petition fee ranges from roughly $30 to a few hundred dollars.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Pennsylvania?

Guardianship in Pennsylvania is a court process under 20 Pa.C.S. Chapter 55, Incapacitated Persons in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Pennsylvania?

Less restrictive alternatives in Pennsylvania include Durable Power of Attorney, Health Care Power of Attorney and Living Will, Representative Payee, Supported Decision-Making. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Pennsylvania guardianship process take?

Do I need a lawyer to file for guardianship in Pennsylvania?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Pennsylvania courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Settled Estate is not a law firm and does not give legal advice.

Information current as of June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Pennsylvania can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.