PRACTICE AREAS
Guardianships
Helping families navigate adult guardianship with clarity, compassion, and respect for their loved one’s rights.
ABOUT OUR PRACTICE
Guidance When a Loved One Needs Additional Support
When an adult can no longer manage important personal or financial decisions, family members may be unsure how to help or whether they have the legal authority to act.
MHK Attorneys helps families in Stroudsburg, Brodheadsville, Pocono Summit, and throughout Eastern Pennsylvania understand their options. We can help you evaluate whether guardianship may be appropriate, consider available alternatives, and navigate the legal process when court involvement is necessary.
Our approach considers both the support your loved one needs and the importance of preserving their independence, dignity, and rights.
Understanding Adult Guardianship
Adult guardianship is a legal arrangement in which a court appoints someone to make certain decisions for an adult found to be incapacitated. The guardian’s authority depends on the court’s order and the individual’s needs.
Guardianship is not automatically necessary because someone is aging, has a disability, or receives a medical diagnosis. The court must evaluate the person’s ability to make and communicate decisions and whether less restrictive options can provide sufficient support.
When Guardianship May Be Considered
Families may seek guidance when a loved one is having difficulty managing essential care, finances, or personal safety, and existing arrangements do not adequately meet their needs.
An attorney can help review the circumstances, existing legal documents, and available support before determining the appropriate next step.
Book A Consultation
Guardianships
We will get back to you as soon as possible.
Please try again later.
UNDERSTANDING YOUR OPTIONS
Types of Adult Guardianship
Guardianship of the Person
A guardian of the person may be authorized to make decisions concerning personal care, living arrangements, and healthcare, subject to the court’s order.
Guardianship of the Estate
A guardian of the estate may be authorized to manage an individual’s money, property, and financial affairs. In this context, “estate” refers to a living person’s assets.
Limited Guardianship
A limited guardianship grants authority over specific decisions while allowing the individual to retain other decision-making rights. The scope depends on the person’s needs and the court’s findings.
GETTING STARTED
A Clearer Path Through the Guardianship Process
STEP 1
Discuss Your Concerns
Speak with our team about your loved one’s circumstances, the challenges they are experiencing, and any documents or support arrangements already in place.
STEP 2
Evaluate the Available Options
We help you understand whether alternatives may meet your loved one’s needs or whether pursuing guardianship may be appropriate.
STEP 3
Navigate the Court Process
When guardianship is necessary, we guide you through the petition and hearing process and help you understand the responsibilities associated with the role.
Why Choose Us
Thoughtful Legal Guidance for Difficult Family Decisions
Seeking help for a loved one can be an emotional and unfamiliar experience. MHK Attorneys provides clear explanations and attentive guidance so you can better understand your options.
Our team can help you:
- Understand guardianship and its potential effects.
- Review powers of attorney and other existing arrangements.
- Evaluate alternatives to court-appointed guardianship.
- Prepare for the petition and hearing process.
- Understand the authority and responsibilities outlined in a guardianship order.
Explore Alternatives to Guardianship
Guardianship can significantly affect a person’s rights. Pennsylvania courts must consider whether less restrictive alternatives can adequately meet the individual’s needs.
Depending on the circumstances, alternatives may include an existing power of attorney, healthcare decision-making arrangements, trusts, or support from family and community resources.
Planning ahead while a person has the legal capacity to execute documents may help establish trusted decision makers and reduce the potential need for guardianship later.
START TODAY
Help Your Loved One Receive
the Support They Need
If you are concerned about a loved one’s ability to manage personal or financial decisions, understanding your legal options is an important first step.
Contact MHK Attorneys to discuss your concerns and explore an approach that respects your loved one’s needs, wishes, and rights.
OUR TEAM
Meet Our Estate Planning Attorneys
JOSEPH P. HANYON
JD • LLM • ESQ
CONNIE J. MERWINE
JD • CPA • LLM • MLA
