(The Center Square) – Some of Pennsylvania’s most vulnerable residents will have added protections now that the state’s guardianship laws have been updated.
Until recently, Pennsylvania was one of a small number of states that did not require the appointment of counsel in guardianship proceedings. However, that changed on Dec. 14 when Senate Bill 506 was signed into law.
The goal of the bill is to protect those deemed incapable of making decisions for themselves by preventing unnecessary guardianships when other alternatives are available and to limit abuse of the guardianship system.
The bill’s sponsor, Sen. Lisa Baker, R-Dallas, told The Center Square, “guardianship is a meaningful way to provide protection and assistance for individuals no longer capable of handling their financial, legal, and treatment circumstances.”
However, she said they have been alerted to cases where individuals were victimized by guardians who were not properly trained or operating under sufficient supervision.
“Such fraud cannot be tolerated,” she said.
In other cases, full guardianship has been awarded when a lesser arrangement better serves the needs of the individual, she added.
“This bill strengthens requirements, procedures, and accountability to reduce the potential of fraud and allow for options other than full guardianship when circumstances warrant a lesser surrender of control,” Baker said.
When an individual is deemed incapacitated, the court may appoint a guardian who then becomes responsible for making financial, medical, and personal decisions on their behalf.
As previously reported by The Center Square, the bill will ensure an attorney is provided to alleged incapacitated individuals – in the past, judges were permitted to use their discretion. The new law will also require courts to consider alternatives before appointing a guardian, and institute certification requirements for professional guardians.
Permanent guardianship may be appropriate when a person’s incapacity is irreversible, but when the incapacity is temporary, the new process will allow for a review hearing to determine whether guardianship continues to be necessary.
Factors that can be used in determining the potential for change are: if the incapacity can be managed by medication, rehabilitation, or other means; the possibility exists for the individual to regain physical or cognitive capacity; or the opinion of a qualified expert who has personally examined the individual.
After a previous hearing on the matter, Baker said they received an outpouring of communication – many from family members and close friends of those placed in guardianship – “and for those passionate individuals, reform of the system is a deeply personal matter,” she said.
