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
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)
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
File Petition in Orphans' Court
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).
Notice and Appointment of Counsel
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).
Evaluation Evidence
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).
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).
Findings and Appointment of Guardian
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).
Guardian Reporting Begins
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
Emergency guardianship and planning ahead
Emergency guardianship: It lasts Emergency guardian of the person: up to 72 hours. Emergency guardian of the estate: no more than 30 days. An emergency guardian of the person may be extended for no more than 20 days from the expiration of the initial emergency order. After expiration, a full guardianship proceeding under Section 5511 is required.
Frequently asked questions
What is guardianship in Pennsylvania?
What are the alternatives to guardianship in Pennsylvania?
How long does the Pennsylvania guardianship process take?
Do I need a lawyer to file for guardianship in Pennsylvania?
Statutes and sources
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so Pennsylvania courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of June 10, 2026
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.