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.

    Have questions? Need to speak to someone about your legal needs? We're here to help.





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    Guardianship and Incapacitated Person Team

    View Profile Gross McGinley Allentown Law Firm Thomas A. Capehart

    Thomas A. Capehart

    Partner
    View Profile Gross McGinley Allentown Law Firm Victor F. Cavacini

    Victor F. Cavacini

    Partner
    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 Gross McGinley Allentown Law Firm Attorney Constance K. Nelson

    Constance K. Nelson

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

    Stuart T. Shmookler

    Partner

    Frequently Asked Questions

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