Understanding Guardianship: Legal Challenges for Families with Special Needs and Aging Loved Ones

The Red Wagon Estate Planning & Elder Law Show

Carolyn (Carrie) Pugh is an attorney with Bellomo & Associates. In addition to elder law and estate planning, she is experienced in family law, custody conciliation, Social Security disability, and other areas that make her the perfect person to sit down with Jeff and answer your questions about the legal guardianship process.

WHAT YOU NEED TO KNOW

(00:00) Episode introduction.

(02:40) In Pennsylvania, pursuing guardianship requires a court proceeding where a judge must determine whether a person is incapacitated and whether to name someone to be that person’s guardian.

(03:17) Often, a guardianship proceeding occurs when people have an adult child with special needs—they've never had and never will have the capacity to decide if they need a power of attorney.

(04:32) A guardianship proceeding can also occur if someone has lost the capacity to name a power of attorney because of dementia, a traumatic brain injury, etc.

(05:45) Competency is a medical term; capacity is a legal term. A doctor's testimony is necessary for a judge to determine capacity.

(06:30) For competency, a doctor must complete a lengthy form outlining a person’s abilities or appear before the court as a witness.

(08:52) Each county in PA has different local rules. Use an attorney familiar with your county’s requirements.

(12:17) A guardianship hearing is a last resort. Preferably, the person in question has a power of attorney that is current and drawn up by a qualified attorney.

(16:36) Guardians are subject to more oversight than a person with power of attorney. A guardian is responsible for filing an annual accounting of finances. Some expenses must be approved by the court.

(21:01) The alleged incapacitated individual and immediate family members must be served notice at least 10 days before the hearing.

(22:37) A third-party can be assigned to serve as guardian if there are no family members or no appropriate family members available.

(25:08) Guardianship hearings are not considered an emergency unless a decision must be made immediately, such as consent for a medical procedure.

ABOUT BELLOMO & ASSOCIATES

Jeffrey R. Bellomo, the founder of Bellomo & Associates, is a licensed and certified elder law attorney with a master’s degree in taxation and a certificate in estate planning. He explains complex legal and financial topics in easy-to-understand language.

Bellomo & Associates is committed to providing education so that what happened to the Bellomo family doesn’t happen to your family. We conduct free workshops on estate planning, crisis planning, Medicaid planning, special needs planning, probate administration, and trust administration. Visit our website (https://bellomoassociates.com/) to learn more.

LINKS AND RESOURCES MENTIONED

Bellomo & Associates workshops:https://bellomoassociates.com/workshops/

• Life Care Planning
• The Three Secrets of Estate Planning
• Nuts & Bolts of Medicaid

For more information, call us at [phone].

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