How Pennsylvania Treats Guardianship of the Person vs. Guardianship of the Estate

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Pennsylvania attorney or the court handling the case for advice tailored to your situation.

Detailed Answer

In Pennsylvania, an appointment as guardian of the person does not automatically make you guardian of the estate. The court makes separate determinations and issues separate appointments for a guardian of the person (responsible for personal, medical, and living decisions) and a guardian of the estate (responsible for managing money and assets). If you need authority to manage another person’s finances, you must obtain a specific appointment or use a recognized alternative legal authority.

What each appointment allows:

• Guardian of the person — May make decisions about where the person lives, daily care, medical treatment, personal services, and other non-financial matters. This role protects the personal well‑being of the incapacitated adult.
• Guardian of the estate — Has legal authority to collect income, access bank accounts, pay bills, manage investments, bring or defend lawsuits involving the estate, and generally handle financial affairs. The guardian of the estate acts as a fiduciary and must account to the court for financial actions.

Because these are separate roles, the court requires a separate petition and a separate appointment process for the estate role. The court considers the best interests of the alleged incapacitated person, the scope of incapacity, and whether the person needs someone to handle financial matters.

Where the petition is filed and what to expect: petitions are generally filed in the Court of Common Pleas (Orphans’ Court or its equivalent in the county). The court will require medical or clinical evaluations, notice to interested parties, and a hearing. For the estate appointment, the court typically requires the guardian to file an inventory, may require a bond, and will impose periodic accounting and reporting obligations.

If you only have the person appointment but need to access funds immediately (for care, housing, or to pay urgent bills), you should consider alternatives (below) and discuss emergency options with the court or an attorney—do not assume you may lawfully use the incapacitated person’s assets without proper authority.

Authoritative Pennsylvania resources and procedural information are available from the Pennsylvania Courts:

• Pennsylvania Courts — Guardianship and Protective Proceedings
• Pennsylvania Courts — Courts of Common Pleas (where guardianship petitions are filed)
• Pennsylvania Consolidated Statutes (Title 20 — Decedents, Estates and Fiduciaries)

Common scenarios (hypotheticals)

Hypothetical 1: You are appointed guardian of the person for your mother who has moderate dementia. You may choose her living arrangement and approve medical care, but you cannot withdraw money from her bank account to pay for assisted living unless the court also appoints you guardian of the estate (or you have another legal authority).

Hypothetical 2: Your brother has serious cognitive impairment and owns a rental property. If you are only guardian of the person, you cannot sign leases or collect rent on his behalf. The court must appoint you guardian of the estate to permit management of the property.

Alternatives to a guardianship of the estate

• Durable power of attorney (if executed while the person had capacity) — gives an agent authority to manage finances without court appointment.
• Representative payee or VA fiduciary — for Social Security, VA benefits, or other governmental benefit programs.
• Limited-purpose guardianship or conservatorship (if available) — tailored authority for specific needs.
• Joint accounts or pay-on-death arrangements — these can sometimes allow access to funds but have legal and tax consequences and may not be appropriate.

Practical steps to seek appointment as guardian of the estate in Pennsylvania

1. Talk with the Court of Common Pleas in the county where the person lives or with a Pennsylvania attorney to confirm form requirements and local procedure.
2. Gather documentation: medical evaluations or physician’s reports on incapacity, a current asset list, bank statements, deeds, benefit information, and a list of interested family members.
3. File a petition for appointment as guardian of the estate (often separate from the petition for guardian of the person). Provide proper notice to required parties.
4. Attend the hearing; the judge will decide whether the appointment is necessary and whether to impose conditions such as bond or annual accounting.
5. If appointed, follow court orders: file inventory, obtain letters of guardianship, post bond if required, and file periodic accountings as ordered by the court.

Helpful Hints

• Do not use the person’s money until the court gives you clear legal authority. Unauthorized use can lead to civil liability or criminal charges.
• Ask the court or clerk whether your county’s Orphans’ Court requires a separate petition for the estate—many counties do require separate filings.
• If the person executed a durable power of attorney while competent, that may avoid the need for guardianship of the estate.
• Expect the court to require financial oversight: inventory, bond in some cases, and periodic accountings—plan for the administrative work and possible costs.
• Consider limited or emergency petitions if urgent access to funds is necessary for health or safety; courts can sometimes act quickly when imminent harm exists.
• Keep careful records of all transactions and decisions if you are appointed guardian of the estate; courts review this documentation during accountings.
• Consult a Pennsylvania attorney experienced in guardianship and probate to avoid procedural mistakes and to understand fiduciary duties.

If you want, I can outline a sample checklist of documents to gather for a petition in your county or provide links to local forms—tell me the county and I’ll tailor the list.