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Disclaimer: This article provides general information under Pennsylvania law and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Detailed Answer

Under Pennsylvania law, you must follow a statutory process to appoint a guardian for an incapacitated adult. Pennsylvania does not use the term “conservatorship.” Instead, the court appoints a guardian of the person or estate (or both) under the Guardianship and Protective Proceedings Act (20 Pa.C.S. § 5501 et seq.).

Step 1: Confirm Incapacity

Obtain two written medical certificates from licensed physicians or licensed clinical psychologists stating that the proposed ward lacks capacity to manage personal and/or financial affairs. See 20 Pa.C.S. § 5512. Each certificate must include specific findings on the person’s mental and physical condition.

Step 2: File the Petition

File a petition for appointment of guardian in the Orphans’ Court Division of the Court of Common Pleas where the proposed ward resides. Use the statewide form (Orphans’ Court Procedural Rule 17.1). In the petition, identify the proposed guardian, list next-of-kin, and attach medical certificates.

Step 3: Serve Notice

Serve written notice at least 30 days before the hearing on:

• The proposed ward
• Spouse, nearest relatives, and any person entitled to notice under 20 Pa.C.S. § 5512(d)
• The public guardian or legal services office if appointed

Step 4: Court Investigation and Hearing

The court assigns an investigator (often a court-appointed attorney or social worker) to interview the proposed ward and interested parties. The hearing must occur within 60 days after filing, unless continued for good cause. See 20 Pa.C.S. § 5513.

Step 5: Appointment Order and Bond

If the court finds the person incapacitated, it issues an order appointing a guardian of the person, the estate, or both. The guardian may need to post a bond to protect the ward’s assets (20 Pa.C.S. § 5514). After the bond is approved, the clerk issues letters of guardianship.

Step 6: Guardian Duties and Annual Accounting

The guardian of the estate must manage assets prudently and file annual accounts with the court. See 20 Pa.C.S. § 5527. The guardian of the person must make decisions about residence, care, and services consistent with the ward’s best interests.

Helpful Hints

• Begin planning early: gather medical records and family information before filing.
• Use the Pennsylvania Judiciary’s Orphans’ Court forms and local court website for specific requirements.
• Attend a pre-filing conference at the Register of Wills or Orphans’ Court for guidance on fees and procedures.
• Keep detailed records of all expenditures if you serve as guardian of the estate.
• Consider alternative tools like powers of attorney for relatives with fluctuating capacity.