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Guardianships

As Western Pennsylvanians live longer, unfortunately, sometimes that does not translate into the quality of life one may be accustomed to living. In certain situations, a person’s health and ability to handle one’s affairs may rapidly or unexpectedly deteriorate to a point where a family’s only recourse to continue handling their loved one’s affairs is to seek appointment by the Court as their loved one’s Guardian. The appointment by the Court of a Guardian over financial and/or medical affairs of a loved one is a last resort that should only be considered if all other methods have failed.

At Michael W. Nalli, P.C., we will provide you with competent and compassionate representation in the process of being appointed your loved one’s Guardian. We will explain to you the Guardianship process, as well as provide to you a complete discussion of the different types of Guardians and their functions,.

In addition, we will provide you continuing representation after you have been appointed Guardian over your loved one to ensure that your administration of your loved one’s affairs is done efficiently, properly and in accordance with Pennsylvania law.

The Process

  1. Meet with the prospective Guardian of the alleged incapacitated person and discuss with the prospective Guardian the medical and physical limitations of the alleged incapacitated person, and what type of Guardianship support is necessary to protect the interests of the alleged incapacitated person.
  2. Depending upon the circumstances surrounding the alleged incapacitated person, determine if it is appropriate to petition the Court for the prospective Guardian to be appointed as emergency Guardian pending a full Guardianship hearing.
  3. Prepare a Petition for appointment of the prospective Guardian and obtain a hearing date from the Court.
  4. Take testimony from the treating physician of the alleged incapacitated person, which confirms the alleged incapacitated person’s need for Guardianship services.
  5. Present to the Court the testimony of the prospective Guardian and the testimony of the treating physician of the alleged incapacitated person in support of the appointment of the prospective Guardian as Guardian of the alleged incapacitated person.
  6. Provide continuing legal services to the Guardian after appointment to ensure that the Guardian complies with its fiduciary obligations under the law.

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