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When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf.

People and entities that serve as guardians are allowed to receive compensation from the assets of the incapacitated person for their services if they obtain the approval of the court. However, guardians must manage the incapacitated person's assets solely for the benefit of him or her.

A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.

New Rules for Guardianships Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.

Typically, an emergency guardian is appointed by filing an emergency petition for guardianship. Such an order may be in effect for up to 72 hours. If the emergency continues, the emergency appointment of a guardian may be extended for up to 20 days from the expiration of the original emergency order.

The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.