Guardianship cases are heard in Orphans’ Court, and any interested party can bring a guardianship case. Usually these cases are initiated by concerned relatives, or by a medical facility where the alleged incapacitated adult is receiving treatment.

If the adult in question is deemed to be incapacitated, the court will have determined that they are unable to make decisions for themselves, and will appoint someone to make decisions on their behalf as their guardian. This can be a family member, a friend, or a professional guardian. The nature of these decisions include financial matters, medical treatment, and personal decisions.

It is important to note that the guardian will always be accountable to the court for their decisions. They must file reports every year, and their conduct is not only subject to scrutiny by the court, but by the incapacitated adult’s family members and other interested parties. If there is any question as to whether they are acting appropriately, the court can hold a review hearing and remove them and appoint a new guardian.

While guardianship cases often involve older adults with dementia, these cases can also be brought for adults of any age whose judgment is impaired due to accident, illness, or other medical conditions.

MK is very experienced in these matters, and has represented the alleged incapacitated person as well as family members and third parties seeking guardianship. She will be able to help you through what is often a very emotional and difficult journey.

MK is also well-versed in other types of Orphans’ Court litigation, such as disputes involving estate and trust administration, breach of fiduciary duty, will contests, and related issues. MK has also been appointed by the judges in Orphans’ Court many times to serve as a guardian ad litem in these kinds of litigations, and to investigate and report to the court.