Bucks County Guardianship Attorney – Protecting the Rights of Your Loved Ones
We offer expert legal representation in guardianship proceedings across Bucks County and Philadelphia. Guardianships exist to ensure the well-being and management of affairs for minors or incapacitated adults, referred to as “wards.” Our firm guides clients through this complex process with diligence and compassion.
Guardianship Process in Bucks County
Guardianship is a legal, court-supervised administration where the Bucks County Orphans’ Court appoints a guardian to manage the personal and/or financial affairs of a ward who cannot do so independently due to physical or mental incapacity. This often arises for adults suffering from an illness like a stroke or age-related conditions like Alzheimer’s or Parkinson’s, who don’t have a Power of Attorney or Medical Health Care directives.
Types of Guardianship:
- Guardian of the Person – Responsible for personal and healthcare decisions, ensuring the ward’s needs are met and may include placing the ward in a care facility.
- Guardian of the Property – Manages the ward’s financial affairs, from paying bills to handling property and investments. Often, one individual may serve as both the guardian of the person and the property, known as a plenary guardian.
How to Initiate Guardianship Proceedings?
Guardianship proceedings start with filing a petition in the Bucks County Court of Common Pleas Orphans’ Court Division. The petition must detail the ward’s situation, including their financial, family, and personal circumstances, and justify the need for guardianship by specifying the nature of his or her disability or incapacity. It is usually necessary to use medical expert statements and sometimes testimony to support the petition.
After the petition is filed, the potential ward and all interested parties must receive a copy (service of process). Subsequently, Bucks County Orphans’ Court schedules a guardianship hearing. A Guardian Ad Litem or an assigned attorney often represents the ward’s interests throughout the process. The initial guardianship process in Bucks County can take several weeks or over a month to appoint a Guardian. However, we can expedite an emergency guardianship to prevent harm to the incapacitated person or their property.
Guardian Responsibilities
Upon appointment, guardians must qualify to serve, often posting a bond. Guardians must provide regular reports to the court on the ward’s condition and finances. For example, the Guardian must file an initial report, an inventory of assets and income, and detailed annual reports of assets, income and expenses. These multi-part reports are complex and have strict requirements and deadlines. The Guardian must also visit their ward, develop their personal care and financial plans, and report them to the court. At our firm, we assist guardians with these responsibilities, ensuring compliance and effective communication with the ward and the court.
Alternatives to Guardianship
Before it is too late and you must pursue guardianship, consider alternatives like Powers of Attorney and pre-designations of guardianship. A Power of Attorney allows a specifically designated representative to make decisions on your behalf, avoiding lengthy and costly court proceedings. Similarly, a Living Will or Health Care Proxy can specify medical care preferences and designate a decision-maker. An incapacitated person cannot sign a Power of Attorney of Health Care Directives, so that has to be done when the person is competent to sign these documents.
Why Choose Us?
Experienced Guardianship Attorney Leonid Mikityanskiy provides expert advice and representation throughout the guardianship process. We especially prioritize understanding your unique situation and objectives, ensuring personalized service, and that all guardianship proceedings and reporting meet legal standards.
Contact Us
For more information on guardianship proceedings or to learn how to avoid them through effective estate planning, contact guardianship attorney Leonid Mikityanskiy at our Southampton, PA office at 215-357-1400. Let us help you protect your loved ones with confidence and care.