Guardianship and Incapacitated Person

Compassionate, knowledgeable guidance in guardianship and incapacitated person cases
Gross McGinley Allentown PA Guardianship Attorneys

Guardianship

Securing Legal Rights to Care for Someone in Need

Adults normally have the legal right to make decisions for themselves. And parents usually have the legal right to make decisions for their children. But sometimes, adults can’t care for themselves — or parents aren’t able to care for their children. The court decides what legal powers to grant a guardian, which may include:

  • Assuring availability and maintenance of care for the protected person
  • Managing finances and making financial decisions
  • Making and managing medical decisions and care
  • Making and maintaining decisions about education and educational services
  • Updating the court on the protected person’s living situation, mental/ physical health status, services provided, financial situation, and other details

In some situations, the court can appoint a guardian to make legal decisions on behalf of someone else. In Pennsylvania, the Orphan’s Court handles guardianships. We advise about appropriate legal guardianships and also assist with guardianship forms and other legal paperwork.

Our attorneys represent guardians, defending those challenged in carrying out their legal responsibilities.

Incapacitated Persons

Federal law requires that that states provide protective services for adults, especially vulnerable clients like the elderly, those with physical/ mental disabilities, and special needs students.

Incapacity plans cover similar items as an estate plan — like your assets and health care — but apply while you’re still alive. We’ll strategize with you to set up plan that incorporates precautions in case you become temporarily or permanently incapacitated.

Documents we can prepare for comprehensive incapacity planning include:

  • Healthcare planning documents including an advanced directive/DNR orders, health care proxy, and HIPAA authorization
  • Last will and testament
  • Power of attorney
  • Revocable living trust

We represent people who require help enforcing the rights of the entities they administer. We defend those who’ve been challenged or prevented in executing their duties.

Why Choose Us?

We’re dedicated to advocating for our clients and helping them to plan secure futures. If you need to prepare a guardianship in anticipation of possible incapacitation or disability, we can help. If you’re a guardian who needs legal support, we’re there for you, too.

Guardianship and Incapacitated Person Team

View Profile Gross McGinley Allentown Law Firm Victor F. Cavacini

Victor F. Cavacini

Partner
View Profile Gross McGinley Law Firm Paralegal Lisa Giuliano

Lisa Giuliano

Paralegal
View Profile Gross McGinley Allentown Law Firm Attorney Anne K. Manley

Anne K. Manley

Partner
View Profile Gross McGinley Allentown Law Firm Attorney R. Nicholas Nanovic

R. Nicholas Nanovic

Partner
View Profile

Catherine E. Sears

Associate
View Profile Gross McGinley Allentown Law Firm Stuart T. Schmookler

Stuart T. Shmookler

Partner

Frequently Asked Questions

Our attorneys listen.

In order to gain an understanding of your needs and see if we can help, we set up a conversation. Once we can assess your situation and define the legal services and guidance you require, you have the opportunity to establish an attorney-client relationship.

Gross McGinley is a full-service law firm, providing legal guidance for both personal and professional needs. Please visit our services page to learn more!

Since 1976, we’ve been serving individuals, businesses, and communities through the greater Lehigh Valley. Learn more about us.

Group legal insurance plans are fast-growing employer benefits. Several employers have established relationships with Gross McGinley – simply inquire about your specific legal plan to see if yours is accepted.

Yes, Gross McGinley accepts credit card payments via our website, over the phone, or in-person. Our Billing team will provide you with assistance in making a payment.   

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Certain services, like document signings and notarizations, may require your in-person presence.

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