When A Court Appoints A Guardian
20 Pa.C.S. 5512.1 — less restrictive alternatives first, and specific findings on each
Alternatives first, on the record. The court prefers less restrictive alternatives to guardianship and, if none is available and sufficient, limited guardianship. It makes specific findings of fact on the absence of sufficient family, friends or other supports and on the insufficiency of each less restrictive alternative before ordering guardianship, and may not appoint a guardian if a sufficient lesser alternative exists.
When a petition is denied. An order denying guardianship in whole or in part identifies the less restrictive alternatives that are available and sufficient.
Rights kept. A partially incapacitated person gets a limited guardian, of the person or the estate, with powers matching the court's findings, and keeps all legal rights except in the areas the order gives the limited guardian.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Pennsylvania attorney.
Sources for this section (1)
- 20 Pa.C.S. 5512.1 — Determination of incapacity and appointment of guardian
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.