Legal Question in Family Law in Pennsylvania

guardianship

I will be appointed guardian of my brother who is an adult with mental retardation since the death of my father who was his legal guardian. I have questions as to what my resonsibilities will be and what forms I will submit.

I have beeen told that I will have to fill out a form yearly concerning money spent.


Asked on 7/02/04, 9:59 am

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: guardianship

There are several levels of guardianship in Pennsylvania. I will address the duties of a guardian of the person and estate of an incapacitated adult. In general, within one year of appointment and at least once annually thereafter, the guardian of the person & estate must file an Annual Report of Guardian of the Person and an Annual Report of Guardian of the Estate with the orphan's court. You may view Philadelphia's version of these forms at http://courts.phila.gov/forms.html

Be aware, however, that each county jurisdiction in Pennsylvania will have its own rules and forms, though the information required will be the same. You may also be required to file an initial inventory shortly after your appointment.

*PLEASE BE ADVISED: special needs estate situations are complicated. Much depends upon what kind of planning has been done in advance. The requirements to maintain eligibility for government programs are very strict and errors can be extremely costly. You should consult with an attorney in the jurisdiction where the estate is located who has specialized knowledge of special needs planning. This is not a do-it-yourself area of law. I therefore add emphasis to my usual caveat that YOU MAY NOT RELY UPON THIS AS LEGAL ADVICE.

I wish you the best.

Ilene Young, Esquire/

Special Needs Attorney and Advocate

Civil & Family Practice

(215) 444-0445

BE ADVISED: As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 7/02/04, 10:47 am


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