Pennsylvania Guardianship Laws: Adults, Minors and Standby (2026)

In Pennsylvania, a court may find an adult to be an "incapacitated person" and appoint a guardian of the person, a guardian of the estate, or both, under Chapter 55 of Title 20 of the Pennsylvania Consolidated Statutes. Under 20 Pa.C.S. § 5511(a), the court acts "upon petition and hearing and upon the presentation of clear and convincing evidence," and before ordering any guardianship it must make specific findings that family, friends and other supports and each less restrictive alternative are insufficient (§ 5512.1(a)).

Pennsylvania uses "guardian of the person" for personal decisions and "guardian of the estate" for money and property; Chapter 55 does not use the title "conservator." Its definition of an "incapacitated person" covers adults only (§ 5501). Guardianship of a child runs mainly through Chapter 51 of Title 20, the will provision in § 2519, and the standby and temporary guardianship rules in Chapter 56 of Title 23. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Pennsylvania state law on guardianship of adults in 20 Pa.C.S. Chapter 55, guardianship of minors in 20 Pa.C.S. Chapter 51 and § 2519, standby and temporary guardianship of children in 23 Pa.C.S. Chapter 56, and interstate guardianship transfers in 20 Pa.C.S. Chapter 59. It does not cover custody disputes between parents (see Pennsylvania child custody laws), grandparent custody and visitation in detail (see Pennsylvania grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Pennsylvania probate), dependency and foster-care cases in juvenile court, which are a separate track, or civil commitment and mental-health admissions.

Pennsylvania guardianship terms and where the law lives

The adult guardianship law is 20 Pa.C.S. Chapter 55. It opens with a purpose statement: to establish "a system which permits incapacitated persons to participate as fully as possible in all decisions which affect them ... and which accomplishes these objectives through the use of the least restrictive alternative" (§ 5502).

Everything turns on one definition:

"Incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.

20 Pa.C.S. § 5501

How to get guardianship of a child in Pennsylvania

Pennsylvania offers several routes, and which one fits depends on whether the parents are living, available and willing.

A court-appointed guardian. "A guardian of the person or of the estate of a minor may be appointed by the court of the county in which the minor resides" (20 Pa.C.S. § 5111(a)).

The child's preferences in who serves. Under § 5113, "a person of the same religious persuasion as the parents of the minor shall be preferred as guardian of his person," and "a person nominated by a minor over the age of 14, if found by the court to be qualified and suitable, shall be preferred as guardian of his person or estate."

Who cannot be guardian of a child's estate. The court may not appoint as guardian of a minor's estate any person in the categories § 5112 lists, including a person under 18 years of age and "a parent of the minor, except that a parent may be appointed a co-guardian with another fiduciary or fiduciaries."

Custody as the alternative route. When parents are living, a relative may instead seek authority through a custody action. Under 23 Pa.C.S. § 5324, those who may file for physical or legal custody include a parent, a person who stands in loco parentis to the child, a grandparent in the circumstances the section describes, and, subject to paragraph (5), an individual who establishes by clear and convincing evidence that the individual "has assumed or is willing to assume responsibility for the child," "has a sustained, substantial and sincere interest in the welfare of the child," and that "neither parent has any form of care and control of the child," along with the further conditions the section lists.

In a custody case between a parent and a nonparent, "there shall be a presumption that custody shall be awarded to the parent. The presumption in favor of the parent may be rebutted by clear and convincing evidence" (23 Pa.C.S. § 5327(b)). Our Pennsylvania child custody laws and Pennsylvania grandparents' rights pages cover those cases.

A child's money and property

A small estate can sometimes be handled without a guardian, though still by court direction. Under 20 Pa.C.S. § 5101, when a minor's entire real and personal estate "has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security," when the court with jurisdiction so directs in the circumstances § 5101 lists.

Can a parent name a guardian in a will in Pennsylvania?

Only in limited circumstances. Under 20 Pa.C.S. § 2519(a), "a person competent to make a will, being the sole surviving parent or adopting parent of any unmarried minor child, may appoint a testamentary guardian of the person of such child during his minority, or for any shorter period."

The same subsection bars an appointment by a parent who, "for one year or upwards previous to his death, shall have willfully neglected or refused to provide for his child, or who, for a like period, shall have deserted the child or willfully failed to perform parental duties."

The power belongs to a sole surviving parent. If a will naming a testamentary guardian conflicts with a standby guardian designation, "the document latest in date of execution shall prevail" (23 Pa.C.S. § 5615). The standby guardianship provisions below address some other planning situations, subject to their own limits when the other parent is available.

Standby and temporary guardianship for a child

23 Pa.C.S. Chapter 56 lets a parent plan for a time when the parent cannot care for the child.

Who may designate, and when they may not. Under § 5611(a), "a custodial parent, a legal custodian or legal guardian may designate a standby guardian by means of a written designation unless the minor has another parent or adoptive parent: (1) whose parental rights have not been terminated or relinquished; (2) whose whereabouts are known; and (3) who is willing and able to make and carry out the day-to-day child-care decisions concerning the minor." Those limits do not apply if the other parent consents (§ 5611(b)). The designation must include the standby guardian's signed consent and the other parent's signed consent or an indication why that consent is not necessary (§ 5611(c)(1)), and it must be signed by the designating parent, custodian or guardian "in the presence of two witnesses who are 18 years of age or older and not otherwise named in the designation, who shall also sign the designation" (§ 5611(c)(2)), among the section's other requirements. A standby guardian's authority becomes effective upon "the incapacity, debilitation and consent, or death of the minor's parent" (§ 5602).

The 60-day window. A triggering event is the occurrence stated in the designation that empowers the standby guardian to act (§ 5602). Under § 5613(b), if a designation was made but no petition for approval was filed when a triggering event occurs, "the standby guardian shall have temporary legal authority to act as a coguardian or guardian of the minor without the direction of the court for a period of 60 days." The standby guardian must file a petition for approval within that period; "if no petition is filed within the specified 60 days, the standby guardian shall lose all authority to act as coguardian or guardian."

Temporary guardianship. Chapter 56 also lets a court appoint a family member (a grandparent, aunt, uncle or adult sibling) as temporary guardian when the child's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol (§§ 5602, 5622). If the parent was subject to emergency medical intervention and signed no designation, a family member may petition for a hearing (§ 5622(b)). The guardianship "shall be limited to not more than 90 days from entry of the order of temporary guardianship," may be extended for periods of up to 90 additional days by the court or by written agreement of the temporary guardian and the parent, and "the total period of guardianship under this section shall not exceed 365 days" (§ 5624).

Parents keep their rights and duties. "Nothing in this chapter shall be construed to deprive any parent, custodial or noncustodial, of legal parental rights. Nothing in this chapter shall be construed to relieve any parent, custodial or noncustodial, of a duty to support a child under the provisions of Chapter 43" (§ 5603).

How to become guardian of an adult in Pennsylvania

Who may petition, and where

"The petitioner may be any person interested in the alleged incapacitated person's welfare" (20 Pa.C.S. § 5511(a)). The petition goes to "the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility" (§ 5512(a)).

What the petition must show

Under § 5511(e), the petition must state, among other contents, "the steps taken to find less restrictive alternatives, the specific areas of incapacity over which it is requested that the guardian be assigned powers and the qualifications of the proposed guardian." It must also "allege specific facts demonstrating that less restrictive alternatives were considered or tried and why the alternatives are unavailable or insufficient."

Notice and service

Notice of the petition and hearing must be written "in large type and in simple language" and personally served on the alleged incapacitated person "no less than 20 days in advance of the hearing" (§ 5511(a)). Notice must also go, in the manner the court directs, to everyone living in Pennsylvania who is sui juris and would inherit from the person if the person died without a will at that time, to the person or institution providing residential services, and to any other parties the court directs (§ 5511(a)).

A lawyer in every case

Pennsylvania requires appointed counsel whenever the person has not hired a lawyer:

Regardless of the ability of the alleged incapacitated person to pay, the court shall appoint counsel to represent the alleged incapacitated person in any matter for which counsel has not been retained by the alleged incapacitated person, including in all proceedings under subsection (a) and in any subsequent proceedings to consider, modify or terminate a guardianship.

20 Pa.C.S. § 5511(a.1)(2)

"Counsel shall advocate for the client's expressed wishes," and retained or appointed counsel "may not act as guardian ad litem for the alleged incapacitated person." Appointed counsel must file a certification of the time and place of the client meeting within five days of the meeting (§ 5511(a.1)(3)). If the person cannot pay for counsel or for the evaluation, "the court shall order the county to pay these costs," which the Commonwealth reimburses in the following fiscal year (§ 5511(c)).

The appointed-counsel rule in § 5511(a.1) was added by Act 61 of 2023, which by its terms took effect 180 days after enactment.

Evaluation and evidence

"To establish incapacity, the petitioner must present testimony, in person or by deposition from individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged," including "evidence regarding the types of assistance required by the person and as to why no less restrictive alternatives would be appropriate" (§ 5518).

The person can also ask for an independent evaluation. "The court, upon its own motion or upon petition by the alleged incapacitated person for cause shown, shall order an independent evaluation," and it "shall give due consideration to the appointment of an evaluator nominated by the alleged incapacitated person" (§ 5511(d)).

The hearing

"The hearing shall be closed and with or without a jury if the person alleged to be incapacitated or his counsel so requests" (§ 5511(a)). The person must be present unless "(1) the court is satisfied, upon the deposition or testimony of or sworn statement by a physician or licensed psychologist, that his physical or mental condition would be harmed by his presence; or (2) it is impossible for him to be present because of his absence from the Commonwealth."

Findings, alternatives and limited guardianship

The court must find incapacity by clear and convincing evidence (§ 5511(a)), and § 5512.1(a) adds further required findings, including these:

The court shall make specific findings of fact based on the evidentiary record of the absence of sufficient family, friends or other supports and of the insufficiency of each less restrictive alternative before ordering guardianship. ... (6) The court shall prefer less restrictive alternatives to guardianship and, if no less restrictive alternatives are available and sufficient, limited guardianship. ... (iii) The court may not appoint a guardian if a lesser restrictive alternative exists that is sufficient to support the needs of an incapacitated person.

20 Pa.C.S. § 5512.1(a)

"The court may appoint a plenary guardian of the person only upon a finding that the person is totally incapacitated and in need of plenary guardianship services" (§ 5512.1(c)). For a limited guardianship, "except in those areas designated by court order as areas over which the limited guardian has power, a partially incapacitated person shall retain all legal rights" (§ 5512.1(g)).

If the evidence shows that the person's incapacity may change, the court must hold a review hearing, and that hearing "shall be held no later than one year from the date of the order establishing the guardianship" (§ 5512.2(a)).

Who serves as guardian

Under § 5511(f)(1), the court "may appoint as guardian any qualified individual, a corporate fiduciary, a nonprofit corporation, a guardianship support agency under Subchapter F ... or a county agency." The same paragraph sets these limits and preferences:

• Conflicts. The court "shall not appoint a person or entity providing residential services for a fee to the incapacitated person or any other person whose interests conflict with those of the incapacitated person except where it is clearly demonstrated that no guardianship support agency or other alternative exists."
• Family. "Any family relationship to such individual shall not, by itself, be considered as an interest adverse to the alleged incapacitated person."
• The person's choice. "If appropriate, the court shall give preference to a nominee of the incapacitated person."
• Certification for multiple guardianships. "An individual seeking guardianship of three or more incapacitated persons must be certified as provided in this paragraph and provide proof of the certification to the court prior to a third guardianship appointment," and "a license to practice law shall not constitute an equivalent license or certification" (§ 5511(f)(2)-(3)).

Guardianship support agencies. A guardianship support agency "shall be available to serve as guardian of the estate or of the person, or both, of an incapacitated person when no less restrictive alternative will meet the needs of the individual and when no other person is willing and qualified to become guardian," and it "shall not be required to post bond" (§ 5553(a)).

What a Pennsylvania guardian can decide, and the rights the person keeps

"It shall be the duty of the guardian of the person to assert the rights and best interests of the incapacitated person. Expressed wishes and preferences of the incapacitated person shall be respected to the greatest possible extent" (20 Pa.C.S. § 5521(a)).

Acts that need specific court findings. Under § 5521(d), unless the guardianship order specifically includes it after specific findings of fact, or a later hearing with specific findings of fact orders it, a guardian or emergency guardian may not:

• consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
• prohibit the marriage or consent to the divorce of the incapacitated person; or
• consent to any experimental biomedical or behavioral medical procedure or to participation in any biomedical or behavioral experiment.

Powers no court may grant. "The court may not grant to a guardian powers controlled by other statute, including, but not limited to, the power: (1) To admit the incapacitated person to an inpatient psychiatric facility or State center for the mentally retarded. (2) To consent, on behalf of the incapacitated person, to the relinquishment of the person's parental rights" (§ 5521(f)).

Contracts and gifts. "A partially incapacitated person shall be incapable of making any contract or gift or any instrument in writing in those specific areas in which the person has been found to be incapacitated. A totally incapacitated person shall be incapable of making any contract or gift or any instrument in writing" (§ 5524).

Guardian of the estate: bond, inventory, reports and accounts

• Bond. In cases the statute does not otherwise address, "the court may dispense with the requirement of a bond when, for cause shown, it finds that no bond is necessary" (20 Pa.C.S. § 5122(d)). A guardianship support agency is not required to post bond (§ 5553(a)).
• Inventory. "Every guardian, within three months after real or personal estate of his ward comes into his possession," must file an inventory and appraisement under oath (§ 5142), a duty that applies to guardians of incapacitated persons through § 5521(b).
• Reports. "Each guardian of an incapacitated person shall file with the court appointing him a report, at least once within the first 12 months of his appointment and at least annually thereafter," and a guardian of the person's report includes the number and length of the guardian's visits in the past year. Within 60 days of the person's death, or of an adjudication of capacity and modification of existing orders, the guardian must file a final report (§ 5521(c)).
• Accounts. "A guardian shall file an account of his administration whenever directed to do so by the court or may file an account at the termination of the guardianship, or at any other time or times authorized by the court" (§ 5531).

Emergency guardianship

Under 20 Pa.C.S. § 5513, a court may appoint an emergency guardian after a petition and a hearing at which clear and convincing evidence shows that the person lacks capacity, is in need of a guardian, and would suffer irreparable harm to person or estate without the appointment. The § 5511 provisions, including those on counsel, apply except when the court has found that is not feasible in the circumstances. "An emergency order appointing an emergency guardian of the person may be in effect for up to 72 hours. If the emergency continues, then the emergency order may be extended for no more than 20 days from the expiration of the initial emergency order." Separately, "an emergency order appointing an emergency guardian of the estate shall not exceed 30 days." After an emergency order or any extension expires, a full guardianship proceeding must be started under § 5511.

An emergency guardian is subject to the same § 5521(d) limits as any guardian on acts such as consenting to sterilization or electroconvulsive therapy.

Ending a guardianship or restoring rights

Under 20 Pa.C.S. § 5512.2, "any interested person may file a petition with the court to terminate or modify the guardianship." Act 39 of 2025, approved October 27, 2025 and effective 60 days later by its terms, added firm timing:

The court shall schedule the review hearing within 30 days of the filing of the petition to terminate or modify the guardianship and the review hearing shall occur no later than 60 days after the filing of the petition.

20 Pa.C.S. § 5512.2(a.1)

The court may continue the hearing to a date more than 60 days after filing only on a written finding that rescheduling is necessary for a reason § 5512.2(a.1)(3) lists, such as letting counsel for the person prepare or completing a capacity evaluation. If the same party requested a review hearing that was held within the past 180 days and the new request raises no new issues or facts, the court may decline to schedule another for 180 days (§ 5512.2(a.1)(5)). At that hearing, "the burden of proof, by clear and convincing evidence, shall be on the party advocating continuation of guardianship or expansion of areas of incapacity" (§ 5512.2(b)). The person under guardianship is entitled to appointed counsel in these later proceedings too, regardless of ability to pay (§ 5511(a.1)(2)).

After the hearing, the court "may order that a person previously adjudged incapacitated is no longer incapacitated or the court may find that the incapacitated person has regained or lost capacity in certain areas in which case the court shall modify the existing guardianship order" (§ 5517).

Alternatives to guardianship in Pennsylvania

Pennsylvania's statute makes alternatives part of every case. The petition must show that less restrictive alternatives were considered or tried (§ 5511(e)), the evaluator's testimony must address why none would be appropriate (§ 5518), and the court may not appoint a guardian if a sufficient less restrictive alternative exists (§ 5512.1(a)).

Powers of attorney and advance directives. These are signed while a person still has capacity. The signing rules are on our Pennsylvania power of attorney laws page. Free drafting tools are available for a Pennsylvania power of attorney and a Pennsylvania advance directive; a tool is not legal advice, and any document must be signed under the Pennsylvania rules on the power of attorney page.

Health care representative. When an adult's attending physician has determined the adult is incompetent and the adult has no available health care agent and no guardian of the person for health care decisions, a health care representative may make health care decisions (20 Pa.C.S. § 5461(a)). The adult may name that representative while of sound mind, by a signed writing or by telling the attending physician or health care provider; otherwise, § 5461(d) lets family members act as health care representative "in descending order of priority," starting with "the spouse, unless an action for divorce is pending, and the adult children of the principal who are not the children of the spouse," then an adult child, a parent, an adult brother or sister, an adult grandchild, and "an adult who has knowledge of the principal's preferences and values," among the classes the section lists.

Federal benefits. Social Security appoints its own representative payee when it decides representative payment is in a beneficiary's interest, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Pennsylvania with a guardianship

Pennsylvania adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as 20 Pa.C.S. Chapter 59 (§ 5901).

• Moving out. "A guardian or conservator appointed in this Commonwealth may petition the court to transfer the guardianship or conservatorship to another state" (§ 5921(a)).
• Registering an out-of-state order. "If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this Commonwealth, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this Commonwealth by filing as a foreign judgment," with certified copies of the order and letters of office (§ 5931).

Official forms

The Unified Judicial System of Pennsylvania publishes Orphans' Court forms, including guardianship forms.

Pennsylvania guardianship at a glance

Related Pennsylvania pages

• Guardianship laws by state
• Pennsylvania power of attorney laws
• Pennsylvania child custody laws
• Pennsylvania grandparents' rights
• Pennsylvania probate
• New York guardianship laws
• Ohio guardianship laws

This article provides general legal information about Pennsylvania guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Pennsylvania or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Pennsylvania?

The court of the county where the child lives may appoint a guardian of the child's person or estate (20 Pa.C.S. § 5111(a)). Grandparents may also seek custody under 23 Pa.C.S. § 5324, and in a parent-versus-nonparent custody case the parent is presumed entitled to custody unless that presumption is rebutted by clear and convincing evidence (§ 5327(b)).

Can a parent name a guardian in a will in Pennsylvania?

Only a sole surviving parent or adopting parent who is competent to make a will may appoint a testamentary guardian of a minor child's person, and not a parent who willfully neglected, deserted or failed to perform parental duties for a year or more before death (20 Pa.C.S. § 2519(a)).

What is a standby guardian in Pennsylvania?

A person a custodial parent, legal custodian or legal guardian designates in writing, signed before two witnesses 18 or older who are not named in the designation, to act for a child after a triggering event, unless the child has another available, willing parent who has not consented (23 Pa.C.S. § 5611(a), (b)). If no petition for approval has been filed, the standby guardian has 60 days after the triggering event to file one or loses all authority (§ 5613(b)).

What must be proved to get guardianship of an adult in Pennsylvania?

Incapacity, by clear and convincing evidence (20 Pa.C.S. § 5511(a)), and the court must make specific findings of the absence of sufficient family, friends or other supports and the insufficiency of each less restrictive alternative (§ 5512.1(a)). It may not appoint a guardian if a sufficient less restrictive alternative exists.

Does the person get a lawyer in a Pennsylvania guardianship case?

Yes, unless the person has hired one. Regardless of ability to pay, the court shall appoint counsel in any matter for which the person has not retained counsel, including later proceedings to modify or terminate the guardianship (20 Pa.C.S. § 5511(a.1)(2)). In an emergency guardianship, the § 5511 counsel provisions apply except when the court has found that is not feasible in the circumstances (§ 5513).

How long does emergency guardianship last in Pennsylvania?

An emergency guardian of the person may serve up to 72 hours, extendable for no more than 20 days from the end of the initial order if the emergency continues; an emergency order for a guardian of the estate may not exceed 30 days (20 Pa.C.S. § 5513).

Are there medical decisions a Pennsylvania guardian cannot make without a specific court order?

Yes. Unless the order specifically includes it after specific findings of fact, or a later hearing with such findings orders it, a guardian may not consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy, removal of a healthy organ, prohibit the person's marriage or consent to a divorce, or consent to experimental procedures or experiments (20 Pa.C.S. § 5521(d)). No court may give a guardian power to admit the person to an inpatient psychiatric facility (§ 5521(f)).

How do you end a guardianship in Pennsylvania?

Any interested person may petition to terminate or modify it. The court must schedule the review hearing within 30 days of filing and hold it no later than 60 days after filing unless it makes a written finding that a later date is necessary, and the party advocating continuation bears the burden by clear and convincing evidence (20 Pa.C.S. § 5512.2).

Does a guardianship from another state work in Pennsylvania?

A guardian appointed in another state may register the order in Pennsylvania as a foreign judgment, after giving notice to the appointing court, if no guardianship petition is pending in Pennsylvania (20 Pa.C.S. § 5931). A Pennsylvania guardian may petition to transfer a guardianship to another state (§ 5921(a)).