The Short Answer

In Pennsylvania, seeking guardianship for an incapacitated adult generally requires filing a petition in the appropriate Orphans’ Court, providing legally required notice, and proving incapacity by clear and convincing evidence at a hearing. Pennsylvania courts are also required to consider whether less restrictive alternatives (like powers of attorney) could meet the person’s needs before appointing a guardian.

What Pennsylvania Law Says

Guardianship cases are designed to protect an adult who cannot manage personal care and/or finances, but they also involve a serious loss of rights. That’s why Pennsylvania law requires a formal court process, strong evidence, and a careful analysis of whether a limited guardianship (or a non-guardianship alternative) can work.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5511.

This statute establishes that the court may appoint a guardian only after petition and hearing and only upon clear and convincing evidence of incapacity, with required notice and procedural protections for the alleged incapacitated person (including court-appointed counsel if they do not already have a lawyer).

Pennsylvania law also requires the court to make specific findings about the person’s limitations, the need for guardianship, and whether less restrictive alternatives are available and sufficient before ordering guardianship. See 20 Pa.C.S. § 5512.1.

If you’re trying to decide whether guardianship is necessary or whether a power of attorney might be enough, you may find this helpful: Guardianship vs. Durable Power of Attorney in Pennsylvania.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family member’s situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania requires personal service on the alleged incapacitated person and service must be made no less than 20 days before the hearing, with additional notice to other required parties. See 20 Pa.C.S. § 5511.
• Burden of Proof: The court can’t grant guardianship just because the situation is difficult—incapacity must be proven by clear and convincing evidence, typically requiring qualified medical/psychological evidence and detailed testimony about functional limitations. See 20 Pa.C.S. § 5511.
• Exceptions and “Least Restrictive” Requirements: The court must consider whether alternatives (like a financial power of attorney, health care decision-maker tools, trusts, or other supports) are sufficient—and must make specific findings before ordering guardianship. See 20 Pa.C.S. § 5512.1.

Trying to handle this alone can lead to delays, a denied petition, or an order that doesn’t give you the authority you actually need (for example, to manage assets or make placement decisions). A probate attorney can help you present the right evidence, request appropriately limited powers, and avoid avoidable conflict within the family.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.