When an adult becomes unable to make decisions for themselves — due to dementia, traumatic brain injury, stroke, or other conditions — Pennsylvania law provides for the appointment of a guardian through Orphans' Court (20 Pa.C.S. Chapter 55).
A verified petition must be filed with the Clerk of the Orphans' Court (20 Pa.C.S. § 5511(e) and Bucks O.C. Rule 14.5A). The petition should use simple language easily understood by a layperson. The Court enters a preliminary decree, awards a citation, and sets a hearing date at least one month out to ensure the required 20-day notice period.
The citation and a copy of the petition must be personally served on the alleged incapacitated person at least 20 days before the hearing. The contents must be explained in language the individual is most likely to understand. Neither the Clerk nor the Court sends the citation — petitioner's counsel is responsible for service.
Bucks County prefers to appoint family members as guardians unless they have an irreconcilable conflict with the incapacitated person or are otherwise unqualified. Preference is also given to a nominee of the incapacitated person (20 Pa.C.S. § 5511(f)).
Required Documents for Guardianship Petition
A full legal review of guardianship filings is conducted by the Court Administration Guardian Review Officer, Eric Marttila, Esquire — (215) 348-6038 | egmarttila@buckscounty.org. The Clerk's office reviews for procedural completeness but does not review for substantive compliance.
⚠ Prevention is Better
Guardianship is expensive (typically $3,000–$10,000+ in legal fees), intrusive, public, and requires ongoing court oversight including annual reporting. A properly executed power of attorney and healthcare directive can avoid the need for guardianship in most situations. This is one of the strongest arguments for basic estate planning — even if you have few assets.
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