Guardianships & Special Needs Planning

Guardianship & Special Needs Planning – Compassionate Guidance in Westmoreland County

Learn when guardianship is needed, the process and alternatives. Our Greensburg attorneys guide families through guardianship and special needs planning.

Compassionate Guardianship & Special Needs Planning in Greensburg

When a loved one cannot manage their personal or financial affairs due to dementia, developmental disability, traumatic brain injury or serious illness, families face tough decisions. In some cases, a court‑appointed guardian is necessary to protect the individual’s well‑being. In other situations, less restrictive options may be available. Ally Legal Help provides experienced representation in guardianship proceedings and special needs planning in Westmoreland County. We understand the local rules and can help you navigate this sensitive process with compassion and respect.

When Guardianship Is Needed

Guardianship is a legal relationship created when a court grants one person (the guardian) authority to make decisions for another (the ward). It may be appropriate when:

• An adult loses capacity. Progressive conditions such as dementia, mental illness or a traumatic brain injury may leave a person unable to handle daily affairs. Family members then petition the Orphans’ Court to appoint a guardian. The petition must include medical evidence of incapacity, details about the proposed guardian and information about the ward’s assets.

• A minor child’s parents are unavailable. Guardianship provides stability when parents pass away, are incarcerated or cannot care for a child.

• No less restrictive alternative exists. Guardianship should be a last resort. Courts consider whether a durable power of attorney or health care proxy is in place before appointing a guardian.

Pennsylvania’s Orphans’ Court division handles guardianship, estates and related matters. Our team files petitions, serves required notices, and presents evidence to the judge, working to ensure the ward’s rights are protected.

Understanding the Guardianship Process

The guardianship process begins by filing a petition in the Court of Common Pleas. The petition must identify the alleged incapacitated person, list close relatives, state the proposed guardian’s qualifications, and outline the powers sought. The court then:

1. Schedules a hearing. The alleged incapacitated person and interested parties are notified. A guardian ad litem may be appointed to represent the person’s interests.

2. Reviews medical evidence. One or more experts provide reports about the individual’s capacity and needs.

3. Conducts a hearing. The judge hears testimony and determines whether guardianship is necessary, and if so, whether it should be limited or plenary (full). The judge also decides if separate guardians of the person and estate are needed.

4. Issues an order. If granted, the court signs an order granting the guardian authority to manage personal care, finances or both. Guardians must report annually and seek court approval for significant transactions.

Having an experienced attorney helps ensure the petition is properly prepared and that all procedural requirements are met. We can also represent interested family members who wish to contest a guardianship or propose alternatives.

Alternatives to Guardianship

Guardianship can restrict a person’s autonomy and should not be pursued lightly. Before filing a petition, we explore less restrictive options, such as:

• Durable powers of attorney and health care directives. These documents appoint trusted agents to make decisions and often eliminate the need for guardianship.

• Representative payees. For individuals receiving Social Security benefits, a representative payee can manage funds without court involvement.

• Supported decision‑making agreements. These empower individuals with disabilities to make decisions with assistance from supporters, rather than transferring authority.

• Special needs trusts. For individuals receiving public benefits, a special needs trust can provide supplemental funds without jeopardizing eligibility.

We also advise on community resources and social services that may support your loved one’s independence.

Special Needs Planning

Families of people with disabilities must balance financial support with maintaining eligibility for programs like Medicaid and Supplemental Security Income (SSI). A properly drafted special needs trust allows funds to be used for education, therapy, adaptive equipment, travel and other quality‑of‑life expenses while ensuring the beneficiary cannot control or revoke the trust. We design trusts tailored to your loved one’s needs and coordinate with public benefit agencies.

Frequently Asked Questions About Guardianship

Question: What is guardianship? 

• Answer: Guardianship is a court‑ordered relationship where someone is appointed to make decisions for a person who lacks legal capacity. It may cover personal care, finances or both.

Question: How long does the guardianship process take? 

• Answer: The timeline depends on court schedules and whether the petition is contested. Typically, an emergency guardianship can be granted quickly, but a permanent guardianship hearing may take several weeks to months.

Question: Is guardianship permanent? Not always. 

• Answer: The court can limit the guardian’s powers and requires annual reports. If the ward’s capacity improves, guardianship can be modified or terminated.

Question: Who can serve as a guardian? 

• Answer: Any competent adult or corporate fiduciary may serve. Courts prefer family members but may appoint a professional guardian if no suitable relative is available.

Question: What are a guardian’s responsibilities? 

• Answer: Guardians must act in the ward’s best interests, manage finances prudently, provide for the person’s health and safety, keep accurate records and report to the court.

Get Compassionate Legal Guidance – Contact Ally Legal Services

If you are concerned about a loved one’s ability to manage their affairs, schedule a confidential consultation with our Greensburg guardianship lawyers. We will explore alternatives and, if guardianship is necessary, guide you through every step of the process with care.

Next Steps & Related Resources

Continue building your knowledge:

• Wills & Trusts – See how wills and trusts can protect your loved one’s inheritance.

• Powers of Attorney & Living Wills – Discover how advance directives can avoid the need for guardianship.

• Estate Administration & Probate – Learn what happens to an estate when someone dies.

• Business Succession Planning – Protect a family business if an owner becomes incapacitated.

• Estate Planning Overview – Explore all our estate services in one place.

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