Guardianships

Last updated on September 21, 2026

Protecting Vulnerable Individuals While Preserving Independence And Dignity

When an individual is no longer able to make or communicate informed decisions regarding finances, health care, housing, or personal safety, families are often faced with difficult questions about how to provide help while respecting that person’s rights and autonomy.

Guardianship is one of the most significant legal proceedings that can affect an individual’s independence. Because guardianship can remove important rights, Pennsylvania courts generally view it as a last resort when alternatives that are less restrictive are not sufficient to protect the individual.

At Hobbs Legacy Law Group, LLC, we help families, caregivers, and individuals navigate guardianship matters with compassion, clarity, and respect. As a Certified Elder Law Attorney (CELA®), Rebecca Hobbs regularly works with aging adults, individuals with disabilities, care providers, and family members in matters involving incapacity, decision-making, and protective proceedings.

Whether you need to establish a guardianship, defend against an unnecessary guardianship, pursue emergency relief, or evaluate alternatives, our goal is to help create solutions that promote safety while preserving as much independence as possible.

What Is A Guardianship?

A guardianship is a court proceeding through which a judge determines that an individual is incapacitated and unable to manage some or all aspects of their personal affairs or financial affairs.

If the court determines that guardianship is necessary, it may appoint a guardian to make decisions on the individual’s behalf.

Pennsylvania recognizes two primary types of guardians:

Guardian Of The Person

A guardian of the person may make decisions regarding:

• Medical care
• Housing
• Living arrangements
• Personal care
• Safety and well-being

Guardian Of The Estate

A guardian of the estate may manage:

• Financial accounts
• Income
• Investments
• Real estate
• Bills and expenses
• Legal and financial transactions

In some cases, the same individual serves in both roles.

Adult Guardianships

Adult guardianships are commonly established when an individual is unable to make informed decisions due to:

• Dementia
• Alzheimer’s disease
• Stroke
• Traumatic brain injury
• Mental illness
• Developmental disabilities
• Other cognitive impairments

Guardianship proceedings involve careful evaluation of the individual’s capacity, limitations, support system, and available alternatives.

Our firm assists with:

• Filing guardianship petitions
• Representation of proposed incapacitated persons
• Court-appointed counsel matters
• Coordination of medical evaluations
• Preparation for hearings
• Ongoing guardianship administration

Because every situation is unique, we strive to pursue the least restrictive solution appropriate under the circumstances.

Guardianships For Individuals With Disabilities

As children with disabilities approach adulthood, parents and caregivers are often faced with questions about future decision-making.

Upon reaching age 18, an individual is legally presumed capable of making his or her own decisions, regardless of disability status. In some situations, however, additional legal authority may be necessary to assist with medical, financial, educational, or housing matters.

We help families evaluate whether guardianship is appropriate and assist with:

• Adult guardianship proceedings
• Limited guardianships
• Plenary guardianships
• Coordination with special needs planning
• Public benefits planning
• Future caregiver and support planning

When possible, we also explore less restrictive alternatives that may achieve the family’s goals while preserving independence.

Minor Guardianships

Minor guardianships may become necessary when a parent is unavailable, incapacitated, deceased, or otherwise unable to provide care for a child.

These matters often arise in situations involving:

• Death of a parent
• Substance abuse issues
• Serious illness
• Family emergencies
• Special needs planning
• Temporary caregiving arrangements

We help families navigate guardianship proceedings while keeping the child’s best interests at the center of the process.

Emergency Guardianships

Sometimes immediate action is necessary to protect a vulnerable individual from harm.

Pennsylvania courts may appoint an emergency guardian when there is a clear and immediate need for intervention involving:

• Medical emergencies
• Financial exploitation
• Unsafe living conditions
• Abuse or neglect
• Immediate threats to health or safety

Emergency guardianships move quickly and often require prompt legal action.

Our firm assists families in seeking emergency relief when an individual’s health, safety, or financial well-being is at risk.

Guardianship Termination And Restoration Of Rights

Guardianship is not always permanent.

Individuals may experience improvements in health, functioning, support systems, or decision-making abilities that justify modification or termination of a guardianship arrangement.

We assist with:

• Restoration of rights proceedings
• Modification of guardianship orders
• Conversion from plenary to limited guardianship
• Review of guardianship necessity
• Petitions to terminate guardianship

The goal is to ensure that individuals retain the maximum level of independence appropriate to their circumstances.

Guardianship Alternatives

Guardianship is often referred to as the most restrictive intervention available because it can remove important personal and legal rights.

For that reason, families should carefully consider whether less restrictive alternatives may adequately address the individual’s needs.

In many situations, alternatives may provide necessary support while preserving greater autonomy and self-determination.

Supported Decision-Making

Supported Decision-Making allows individuals with disabilities to remain the primary decision-maker while receiving assistance from trusted family members, friends, professionals, or advisors.

Rather than transferring decision-making authority to another person, the individual receives support in understanding choices and communicating decisions.

Supported Decision-Making can often provide an effective alternative to guardianship when the individual is capable of participating in decisions with appropriate assistance.

Representative Payees

For individuals receiving Social Security benefits, the Social Security Administration may appoint a Representative Payee to manage benefits on the individual’s behalf.

A Representative Payee can help manage:

• Social Security benefits
• SSI benefits
• Payment of expenses
• Budgeting
• Recordkeeping

In some situations, a Representative Payee may eliminate the need for a broader guardianship of the estate.

Powers Of Attorney

When an individual has capacity, powers of attorney can provide significant flexibility and protection.

A comprehensive incapacity plan may include:

• Durable financial powers of attorney
• Healthcare powers of attorney
• HIPAA authorizations
• Living wills

These documents allow trusted individuals to assist with decision-making without court involvement and often provide an effective alternative to guardianship.

Related Service: Estate Planning

Our Approach To Guardianship Matters In Phoenixville, Pennsylvania

Guardianship proceedings often involve deeply personal family circumstances. We understand that these matters may arise during periods of crisis, illness, disability, or uncertainty.

Our approach focuses on:

• Preserving dignity and autonomy
• Pursuing the least restrictive alternatives
• Protecting vulnerable individuals
• Supporting families and caregivers
• Finding practical solutions
• Creating long-term stability

We believe guardianship should be tailored to the individual’s actual needs rather than imposing unnecessary restrictions.

When Should You Consult A Guardianship Attorney?

You may benefit from legal guidance if:

• A loved one has been diagnosed with dementia or Alzheimer’s disease.
• An adult child with disabilities is approaching age 18.
• You are concerned about a vulnerable adult’s safety.
• Financial exploitation is suspected.
• A family member can no longer manage finances or health care decisions.
• You are considering emergency guardianship.
• You wish to restore rights or terminate an existing guardianship.
• You are unsure whether guardianship or an alternative is appropriate.

The earlier options are evaluated, the more flexibility families often have in creating an appropriate plan.

How We Help Families Protect Their Loved Ones

Every guardianship matter is unique. Some situations require immediate court intervention. Others can be addressed through careful planning and less restrictive alternatives.

Whether you are planning for a loved one with disabilities, helping an aging parent facing cognitive decline, considering emergency guardianship, or seeking restoration of rights, we help families understand their options and navigate the process with confidence.

Related Services

• Elder Law
• Special Needs Planning
• Estate Planning
• Medicaid & Long-Term Care Planning
• Orphans’ Court Litigation
• Estate & Trust Administration

At Hobbs Legacy Law Group, LLC, we help families protect vulnerable loved ones while preserving dignity, independence, and quality of life whenever possible.