The Short Answer

In Pennsylvania, a durable power of attorney (POA) is a private document you sign to authorize an agent to act for you—even if you later become incapacitated—while guardianship is a court case where a judge appoints someone to make decisions for an incapacitated person. A POA is usually the preferred, less restrictive option when the person still has capacity to sign it; guardianship is typically used when the person can no longer legally execute a POA (or when a POA is missing, rejected by third parties, or being abused).

What Pennsylvania Law Says

Under Pennsylvania law, a durable POA can be written to remain effective despite the principal’s later incapacity, and it can even be drafted to “spring” into effect upon a future event (including incapacity). Guardianship, by contrast, requires a court determination that a person meets Pennsylvania’s definition of an “incapacitated person,” and the court must consider whether less restrictive alternatives (like a POA) are available and sufficient before appointing a guardian.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5512.1.

This statute requires the court to make specific findings about incapacity and to prefer less restrictive alternatives (including advance directives such as a durable power of attorney) and to deny guardianship if a sufficient lesser alternative exists.

For the POA side of the comparison, Pennsylvania’s durable POA statute explains that the agent’s authority can continue despite the principal’s later disability or incapacity. See 20 Pa.C.S. § 5604.

Why You Should Speak with an Attorney

While the statutes provide the general framework, choosing between a POA and guardianship (and making sure the right one actually works in real life) is rarely simple. Legal outcomes often depend on:

• Strict Court Findings (Guardianship): A judge must make detailed findings, including whether less restrictive alternatives (like a durable POA) are available and sufficient before appointing a guardian. See 20 Pa.C.S. § 5512.1.
• Scope and Control: Guardianship orders can be limited or plenary, and the court can decide whether an existing POA remains in effect and to what extent. See 20 Pa.C.S. § 5604(c).
• Conflict, Abuse, or Third-Party Refusal: Even with a valid POA, disputes can arise (family conflict, allegations of exploitation, or institutions refusing to honor the document), and guardianship may be sought to impose court supervision and clarify authority.

If you’re weighing these options for an aging parent or loved one, it’s worth getting legal advice early—because once capacity is gone, a POA may no longer be an option and families often end up in a contested guardianship proceeding.

If you want more background on related issues, you may find these helpful: removing or replacing a POA agent in Pennsylvania and selling property when someone is under guardianship.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.