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An interested person may file a petition in the Court of Common Pleas, Orphans Court Division for the appointment of a guardian for a person or the person's estate.
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.
When Does a Guardianship Trump a POA? A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.
How is a guardianship proceeding initiated? An interested person may file a petition in the Court of Common Pleas, Orphans Court Division for the appointment of a guardian for a person or the person's estate.
A temporary guardian may be appointed by the Court for a limited period for a minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.
Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500. Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000.
To Guide for Guardianship Letters Basic Information. In the letter heading, include basic details like names and addresses. ... Statement of Consent. ... Grant Powers to Guardian. ... Describe Your Absence. ... Provide Contact Details. ... Get Letter Notarized.