As the US population continues to age, elder abuse continues to grow at a significant rate. A GAO (government accounting office) study showed that “guardians stole or otherwise improperly obtained more than $5.4 million in assets from 158 incapacitated victims.” Recent legislative changes, including Senate Bill 506 and the new guardianship law signed by Governor Josh Shapiro, were enacted to address guardianship laws in Pennsylvania and enhance protections for incapacitated individuals.
In order to combat this epidemic, the PA legislature has reviewed and rewritten the rules for guardianship proceedings which will become effective on June 1, 2019. The new guardianship law places greater emphasis on less restrictive alternatives, such as advance directives, living wills, mental health advance directives, special needs trusts, and representative payees, before a court appoints a guardian. Some of the changes include the requirement of an expert report in order to adjudicate an individual as incapacitated, a requirement for full criminal background checks on potential guardians, and completion of guardianship training. The court now requires convincing evidence and testimony to determine incapacity and the necessity of guardianship, and a guardianship hearing is held where evidence is presented.
The court’s requirement includes considering the best interests and expressed wishes of the alleged incapacitated person, and the court determines whether less restrictive alternatives are sufficient. The law distinguishes between plenary guardianship and limited guardianship, and courts must consider the least restrictive alternative to protect the independence of the person. The guardianship process begins with a guardianship petition, and the court reviews the petition, evidence, and testimony before making an appointment.
When discussing background checks and training, proposed guardians must provide proof of qualifications, may be required to pass a certification exam, and file reports with the court regarding their duties. The supreme court prescribes rules and forms for guardianship certification, and county courts oversee guardianship matters and filings.
The new law mandates the appointment of counsel for the alleged incapacitated person, and the court may also appoint a guardian ad litem to serve the best interests of the individual. The law requires mandatory review hearings to monitor the well-being of protected individuals and to review whether guardianship remains necessary based on changing circumstances. The new guardianship law is focused on protecting incapacitated individuals from abuse, ensuring their well-being, and safeguarding their rights.
If you or a family member have questions or are in need of a guardian, please contact one of our attorneys at RGSG for more information. A client has the right to retain an attorney or counsel during guardianship proceedings, and family members and other supporters may assist in the guardianship process.
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the “Best Law Firm” for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.
