How do I obtain guardianship over an incapacitated individual?

Obtaining guardianship over an incapacitated individual involves appointment and then oversight by the court. There are two classifications of guardians -- guardians of the person and guardians of the estate. A guardian of the person is responsible for the day-to-day care of an incapacitated person, including medical needs, living accommodations, meals, personal care, transportation and recreation. A guardian of the estate is responsible for handling financial affairs of the incapacitated individual.

Rules can vary by county, but it is generally required that a Petition is filed with the court in the county in which the alleged incapacitated individual is located. The Petition must allege two things -- first, that the person is in fact incapacitated; and second, the identity of the proposed guardian and the scope of the guardianship. Ultimately, a determination will be made by a judge in the Court of Common Pleas of that county.

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