What happens if someone becomes incapacitated without a Power of Attorney?

If an individual loses capacity without a Power of Attorney, the only way to manage their affairs is through a court-supervised guardianship under 20 Pa.C.S. Chapter 55. This process involves a family member or hospital petitioning the Orphans' Court, followed by medical evaluations, legal counsel for the individual, and formal hearings to determine incapacity and appoint a guardian. Learn more about Pennsylvania powers of attorney.

How much does a guardianship proceeding typically cost in Pennsylvania?

A guardianship is significantly more expensive than proactive planning. Legal fees for the court process generally range from $3,000 to over $10,000. In addition to these initial costs, there are ongoing requirements for annual reporting to the court. By contrast, a Power of Attorney typically costs between $400 and $800, allowing an individual to avoid these high expenses and the 60 to 120-day court timeline. Learn more about Pennsylvania powers of attorney.

What rights does a person lose during a guardianship proceeding?

A guardianship carries a heavy 'dignity cost' because the proceedings are public. Once a person is declared incapacitated by the court, they lose most of their civil rights. This often includes the right to vote, the right to enter into contracts, and, in many instances, the right to drive. These losses of autonomy are a primary reason many choose to sign a Power of Attorney instead. Learn more about Pennsylvania powers of attorney.

Why is it better to sign a Power of Attorney while I am still healthy?

Signing a Power of Attorney while you still have capacity is a proactive way to maintain control and save money. It allows you to designate a trusted person to handle your affairs without the need for a public, 120-day court process. A Power of Attorney avoids the high legal fees of guardianship, the loss of civil rights like voting and contracting, and the burden of ongoing annual court reporting. Learn more about Pennsylvania powers of attorney.

PA Guardianship vs. POA

By Sean Quinlan, Esq. · Updated January 15, 2025

If a person becomes incapacitated without a POA, the only path to managing their affairs is a court-supervised guardianship under 20 Pa.C.S. Chapter 55.

Process

A family member or hospital petitions the Orphans' Court. The alleged incapacitated person gets counsel. Medical evaluations and hearings follow.

Cost and timeline

$3,000–$10,000+ in legal fees, 60–120 days minimum, plus ongoing annual reporting to the court.

Dignity cost

The proceeding is public. The incapacitated person loses most civil rights — including voting, contracting, and (in many cases) driving.

Avoidance

Sign a POA while you have capacity. It costs $400–$800 and avoids all of the above.

Frequently asked

Common questions

Disclaimer

This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.

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