Learn · Power 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.

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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