Guardianships

In the realm of elder law, Guardianships are an integral part of the Estate Planning process. Regrettably, according to a recent survey by AARP, nearly 60% of adults do not have an Estate Plan.

If you or a family member becomes incapacitated and there is no Estate Plan in effect, a Guardian proceeding, to appoint a guardian, will be necessary. Attorney James A. Ritter has the skills to successfully guide you through the legal process to appoint guardians for an incapacitated family member.

A Guardian proceeding is initiated by filing a petition with the Orphan’s Court in the county in which the incapacitated person resides. A hearing in front of a judge is conducted to assess the legal capacity of the person to manage their affairs or make healthcare decisions and to appoint a Guardian, if necessary. The appointed Guardian(s) will be required to update the court on a predetermined schedule by filing reports detailing the actions taken on behalf of the incapacitated person.

There are two types of Guardians and the same person may assume both roles, or the roles may be appointed to two different individuals.

• Guardian of the Person. This type of Guardian oversees the health, safety, and physical well-being of the incapacitated person.
• Guardian of the Estate. This type of Guardian oversees the management of the incapacitated person’s financial resources.

Attorney James A. Ritter has the skills, knowledge, and experience to assist family members with the various technical procedures involved in Guardianships.