Starting on June 11, 2024, important changes to Pennsylvania’s Guardianship Act have been enacted. Act 61 of 2023 was passed to provide greater protections to individuals who are the subject of a guardianship, generally referred to as “alleged incapacitated persons.”
All adults are assumed to have capacity to make their own decisions, but when someone loses their capacity, whether due to a medical diagnosis or condition such as advanced dementia or a traumatic brain injury, a Guardian may need to be appointed. Guardianship may also be appropriate for certain minors.
Mandatory Counsel for the Alleged Incapacitated Person
The first major change is that an attorney will be appointed to represent every alleged incapacitated person. Previously, attorneys were appointed only when appropriate under the circumstances. Court-appointed counsel have always served a crucial role ensuring both the guardianship and appointed Guardian are appropriate. This does not change the right of an alleged incapacitated person to hire their own attorney.
Guardianship as a Last Resort
The next major change emphasizes alternatives to guardianship. Guardianship is a last resort, meant only where a person’s needs cannot be met by the support systems that they have available to them. These alternatives, such as a Power of Attorney or a Health Care Representative, allow a designated agent to handle certain activities, such as paying bills or speaking with doctors. When these alternatives break down or don’t address the alleged incapacitated person’s needs, guardianship may still be needed.
New Certification for Certain Guardians
The new rules require any individual Guardian who is serving at least 3 incapacitated individuals to obtain a certification from a national guardianship organization.
Guardianships in Review
The last major change is meant to encourage review hearings following the appointment of a guardian, which allow courts to check in with the Guardian, the incapacitated person, and other interested person. The new statutory language requires a review hearing in the first year of the guardianship if the incapacitated person has a condition that may change, such as a treatable brain injury or stroke complications. For those with progressive conditions, like dementia, this change is unlikely to impact the guardianship process.
Guardianship can be crucial in protecting those we love, and these changes are intended to protect the most vulnerable from abuse while ensuring that guardianship is available to those who need it. If you have questions about Guardianship and whether it is right for someone you care about, contact a Guardianship attorney.