Guardianship and conservatorship in Pennsylvania: who, where, cost
How a court can name a guardian or conservator in Pennsylvania, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of the person and/or guardian of the estate (plenary or limited); emergency guardian.
- Court
- Orphans' court division of the court of common pleas in the county where the person is domiciled, resides or lives in a long-term care facility.
What guardianship or conservatorship is
- What it is called
Guardian of the person and/or guardian of the estate (plenary or limited); emergency guardian
- When a court may appoint one
An 'incapacitated person' is an adult whose ability to receive and evaluate information and communicate decisions is so impaired that they are partially or totally unable to manage their finances or meet essential requirements for their physical health and safety. Incapacity must be shown by clear and convincing evidence. The court must make specific findings that family, friends and other supports and each less restrictive alternative (such as powers of attorney, living wills, health care representatives, trusts, representative payees, ABLE accounts and mental health advance directives) are insufficient, must prefer limited guardianship, and may not appoint a guardian if a sufficient less restrictive alternative exists.
Law: 20 Pa.C.S. 5501, 5511, 5512.1
- Kinds
- Plenary guardian of the person
- Limited guardian of the person
- Plenary guardian of the estate
- Limited guardian of the estate
- Emergency guardian (person: up to 72 hours, extendable up to 20 days; estate: up to 30 days)
Law: 20 Pa.C.S. §§ 5501, 5511, 5512, 5512.1, 5512.2, 5513
Who can ask, which court and your own choice
- Who may ask
Any person interested in the alleged incapacitated person's welfare (20 Pa.C.S. 5511(a)).
- Court
Orphans' court division of the court of common pleas in the county where the person is domiciled, resides or lives in a long-term care facility.
- Choosing your own
You can nominate the guardian of your estate or person in a durable power of attorney, and a guardian of your person in a health care power of attorney. The court must follow your most recent nomination except for good cause or disqualification (20 Pa.C.S. 5604(c)(2), 5460(b)).
- Effect on a power of attorney
If a guardian of the estate is appointed, your agent is accountable to the guardian as well as to you. In its guardianship order, the court decides whether and how far your durable power of attorney and your health care agent's authority stay in effect (20 Pa.C.S. 5604(c), 5460(a)).
Cost, fee waiver and forms
- Fee waiver
If the alleged incapacitated person cannot pay for counsel or the independent evaluation, the court orders the county to pay those costs (20 Pa.C.S. 5511(c)). Filing fees are set by each county.
- Forms
- Steps
Other options and where to report abuse
- Less restrictive options
- Durable financial power of attorney: You name an agent for financial, legal and business matters. In Pennsylvania it is durable unless it says otherwise.
- Living will, health care power of attorney and health care representatives: You name a health care agent and give treatment instructions. Without one, family members or a close friend can act as health care representatives.
- Mental health advance directive and power of attorney: You record mental health treatment preferences and can name an agent for a mental health crisis.
- Supported decision-making: Trusted people help a person with a disability make their own decisions. Pennsylvania has no statute on written agreements, but the law recognizes that supports can make a guardian unnecessary.
- PA ABLE account, special needs trust, joint bank account: Ways to manage or set aside money for a person with a disability without a guardianship; the court page lists the risks of joint accounts.
- Report abuse or exploitation
Pennsylvania Department of Aging - Elder Abuse Helpline (Older Adults Protective Services, through local Area Agencies on Aging) · 1-800-490-8505
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Free help in Pennsylvania
- Older Pennsylvanians Legal Assistance Program (Department of Aging; free for residents 60+, including guardianship defense)
- Unified Judicial System of Pennsylvania: Guardianship in Pennsylvania (handbook, training videos)
- Unified Judicial System of Pennsylvania: Alternatives to Guardianship
- Unified Judicial System of Pennsylvania: Orphans' Court forms (guardianship G-forms)
- Pennsylvania Guardian Handbook (AOPC Office of Elder Justice in the Courts)
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Pennsylvania Department of Aging - Elder Abuse Helpline (Older Adults Protective Services, through local Area Agencies on Aging) · 1-800-490-8505
Questions about powers of attorney in Pennsylvania
How does guardianship or conservatorship work in Pennsylvania?
An 'incapacitated person' is an adult whose ability to receive and evaluate information and communicate decisions is so impaired that they are partially or totally unable to manage their finances or meet essential requirements for their physical health and safety.
What are the alternatives to guardianship in Pennsylvania?
Durable financial power of attorney; Living will, health care power of attorney and health care representatives; Mental health advance directive and power of attorney; Supported decision-making; PA ABLE account, special needs trust, joint bank account.