Guardianship Services

At the Elderkin Law Firm, our staff handles two types of guardianships: adult guardianships and child guardianships.

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Guardianship Attorneys in Erie, PA

At the Elderkin Law Firm, our staff handles two types of guardianships: adult guardianships and child guardianships. Adult guardianships mean guardianship of someone who is incapacitated. Upon a finding that an individual is incapacitated, the Court may be requested to appoint a guardian or guardians of his or her person or estate (property). "Incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety. Child guardianships are different in that someone needs to step up and take care of the needs of a child or children because the parents are, for whatever reason, not able to.

If you are concerned about the welfare of a family member and would like to discuss guardianship as an option, take our Online Evaluation -OR- call (814) 456-4000 to schedule a consultation with one of our Matrimonial or Estate attorneys at our office in Erie, PA.

Other family law services we provide include: separation/divorce, custody and support, abusive relationships, prenuptial agreements and adoptions.

Frequently Asked Questions

How is a person considered 'incapacitated'?

With adult guardianships, it will be necessary to prove to a Judge that a person is incapacitated, that is, that he or she cannot take care of financial decisions, cannot properly ensure his or her own safety, and cannot take care of his or her medical needs.  Sometimes the situation may be that the alleged incapacitated cannot take his or her feeding or day-to-day needs.  In Erie County, an affidavit from a treating physician is required to determine whether the person is incapacitated.  There are forms that are provided by the county and either the attorney or the people who are concerned about that particular adult can talk to their doctors and try to find out the doctor’s thoughts on whether they are able to do these things for themselves or not.

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