What are the Advantages of Hiring a Guardianship Attorney?

If you are thinking about seeking guardianship for a loved one in Pennsylvania, it is often an emotionally fraught situation. Sadly, minor children may need legal guardians because their biological parents have passed away suddenly or they are unable to care for them. Accidents and illnesses often lead previously capable adults—who never thought to put a power of attorney (POA) designation in place previously—needing someone else to handle their affairs.

Are you looking to become a guardian for a minor child who needs someone to assume duties of a natural parent, or do you have an adult family member who is no longer capable of managing their own affairs and who did not create a power of attorney? You will likely need professional, caring guidance to help you sort through the details and help you face your hearing in Orphans’ Court.

There is no reason you should attempt to handle guardianship concerns—under any circumstances—without guidance from an experienced guardianship attorney. Today’s blog post highlights three of the biggest reasons why.

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Powers of Attorney: Beware of Forced Arbitration Clauses

legal papersRecently, the Superior Court of Pennsylvania upheld a Philadelphia County Court of Common Pleas judge’s decision not to enforce an arbitration agreement in a nursing home contract that was signed by a resident’s wife without his knowledge.  Despite that decision, numerous courts in Pennsylvania and around the country have enforced compulsory arbitration clauses, which are often unknowingly signed by consumers, the elderly and others, which force people to give up their right to a jury trial.

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Challenge to “In Loco Parentis Standing” – Use it or Lose It!

child and parent holding hands

Sued for custody of your child by someone other than the your child’s other parent?  Beware!  Under Pennsylvania Law a person other than a parent has standing to sue for custody in very limited circumstances.  Standing is a legal concept.  Standing refers to the right of a particular person to file a case in court.  If you don’t challenge standing in time you forfeit the right to challenge standing forever! Continue reading “Challenge to “In Loco Parentis Standing” – Use it or Lose It!”

Help for Potential Guardians of Minor Children

children hugging at sunset

For parents, a key component of estate planning is often selecting potential guardians for minor children should something tragic happen to one or both parents. These considerations can be double-sided emotionally and difficult to face. On the one hand, who would ever take care of your children just like you would? Facing such a decision also brings to light many fears and concerns. On the other hand, making the decision can be freeing in a way, because you know your children will be cared for if something happens.

Our firm understands the struggle that parents might face when dealing with such a decision, and we also understand the concerns that a potential guardian faces if the actual appointed time comes to pass. Many people agree to be named as legal guardians without ever really thinking the situation will occur where they will have to take charge of the children. That doesn’t mean they don’t love the kids or want this responsibility, but when the time comes, a guardian can be suddenly overwhelmed with the reality of the responsibility. Continue reading “Help for Potential Guardians of Minor Children”