A parent carries a child while sitting on a tree limb, surrounded by green leaves and sunlight filtering through.

Family Law & Estate Planning Blog

At McMorrow Law, LLC, in Wexford, Pennsylvania, our attorneys are compassionate, experienced and focused advocates. We use every tool at our disposal to help guide you through the family law process and other legal issues. We take care of today so that you can focus on your better tomorrow.

Reach Out To Us Today Read Our Testimonials

How to Become a Guardian for a Special Needs Adult in Pennsylvania

On Behalf of McMorrow Law, LLC

|

Oct 19, 2026

| Guardianship

Turning 18 gives a person the legal rights of adulthood, but some adults with significant disabilities cannot safely manage important personal or financial decisions on their own. Pennsylvania allows an interested person to ask the Orphans’ Court for guardianship when the legal standard for incapacity is met. McMorrow Law’s special needs guardianship attorneys help families evaluate whether guardianship is necessary and how to pursue it.

Guardianship Requires Proof of Incapacity

Pennsylvania guardianship is reserved for people whose ability to receive and evaluate information and make or communicate decisions is significantly impaired. The court must consider the person’s actual abilities, the areas in which help is needed, available family or community supports, and less restrictive alternatives before ordering guardianship.

Current Pennsylvania law requires courts to find whether less restrictive options are sufficient. Those options can include powers of attorney, trusts, living wills, and other supports. See 20 Pa.C.S. § 5512.1.

Guardian of the Person and Guardian of the Estate

A guardian of the person handles court-authorized decisions involving personal care and well-being. A guardian of the estate manages the financial matters the court assigns. One person can serve in both roles, or the court can appoint different people.

  • Medical treatment and health-care decisions within the scope of the order
  • Living arrangements and personal care
  • Education, services, and training
  • Income, accounts, property, and financial obligations within the guardian’s authority

Limited Guardianship Is Preferred When It Is Sufficient

Pennsylvania law directs courts to preserve as much independence as possible. A limited guardianship can give a guardian authority only where assistance is necessary, while a plenary guardianship grants broader authority when the evidence supports it.

Steps in an Allegheny County Adult Guardianship Case

A guardianship petition in Allegheny County generally involves the following steps:

  • Identify the specific areas in which the adult cannot make or communicate informed decisions and explain why less restrictive alternatives are insufficient.
  • Gather the medical or professional evidence needed to support the petition.
  • Complete the required petition and local filing materials with the Wills/Orphans’ Court Division.
  • Personally serve the alleged incapacitated person with the petition and notice at least 20 days before the hearing, along with any other required notices.
  • Ensure the alleged incapacitated person has counsel. Pennsylvania law now requires appointed counsel when the alleged incapacitated person has not retained counsel.
  • Attend the hearing and present clear and convincing evidence supporting any requested guardianship.

Get Help With an Adult Guardianship Petition

Guardianship can protect a vulnerable adult, but the court must tailor the order to the person’s actual needs. McMorrow Law helps Allegheny County families prepare petitions, evaluate alternatives, and present the evidence required under 20 Pa.C.S. § 5511. Call 412-407-2816 or contact the firm online to discuss the process.