How to File for Guardianship in Pennsylvania

Filing for guardianship of an adult with a disability in Pennsylvania follows a structured path through the Orphans' Court Division of the Court of Common Pleas. Since Act 61 of 2023 took effect in June 2024, the process includes mandatory steps that didn't exist before — particularly around exploring alternatives to guardianship and ensuring the alleged incapacitated person has legal representation.

Here's how the petition process works from start to finish.

Step 1: Determine Whether Guardianship Is Necessary

Act 61 requires the court to treat guardianship as a last resort. Before filing, you need to document that you've evaluated less restrictive alternatives — supported decision-making, durable powers of attorney, healthcare proxies, and representative payee arrangements — and explain why each is insufficient.

This isn't just a formality. The petition must include specific factual allegations about why alternatives won't work, and the court must make findings about them.

Step 2: Get the Expert Evaluation (Form G-06)

A licensed physician or psychologist must evaluate the alleged incapacitated person and complete the G-06 Expert Report. The evaluation must cover cognitive, physical, and adaptive functioning across specific domains: healthcare decisions, financial management, and daily living activities.

Two rules to keep in mind: the evaluation must be conducted within six months of filing, and the evaluator must address the individual's functional limitations rather than just listing diagnoses. A report that says "patient has autism" without describing what the person can and cannot do will be insufficient.

Expert evaluations typically cost $500 to $2,000 depending on the evaluator and the complexity of the assessment.

Step 3: Draft and File the Petition

The petition is filed with the Clerk of the Orphans' Court in the county where the alleged incapacitated person lives. It must include the names and addresses of all presumptive heirs, a description of the individual's functional limitations, an estimate of the value of their estate, and the factual basis for why less restrictive alternatives are insufficient.

Filing fees range from $35 to $165 depending on the county — call the clerk's office to confirm the current amount.

Step 4: Serve the Citation (formerly Form G-01)

After filing, the petitioner must serve the alleged incapacitated person with a copy of the petition and the current plain-language citation at least 20 days before the hearing. The former G-01 was completely rescinded and replaced by an updated citation under the December 18, 2024, Supreme Court order, effective January 4, 2025; the citation explains the individual's rights under Act 61, including their right to counsel.

Written notice must also be served on all adult presumptive heirs.

Step 5: Appointment of Counsel

Upon filing, the Orphans' Court appoints independent legal counsel for the alleged incapacitated person. This is mandatory in all cases, regardless of the individual's financial situation. The appointed counsel maintains a standard attorney-client relationship and advocates for the person's expressed wishes.

If the individual has already retained their own attorney, the court need not appoint one.

Step 6: The Hearing

The hearing is held before an Orphans' Court judge. The petitioner bears the burden of proving, by clear and convincing evidence, that the individual is incapacitated and that no less restrictive alternative is adequate. The alleged incapacitated person has the right to attend unless a medical professional certifies that attendance would cause harm.

Step 7: The Decree

If the court finds guardianship necessary, it issues a decree appointing a limited or plenary guardian of the person, the estate, or both. If a guardian of the estate is appointed, the court may require a fiduciary bond. The guardian must then register with the Guardianship Tracking System (GTS) and begin filing annual reports.

Timeline

From filing to the final hearing, standard uncontested guardianship petitions typically take four to eight weeks. The longest delays come from scheduling the expert evaluation and waiting for a hearing date. Starting the process 6 to 8 months before the young adult's 18th birthday gives enough runway to complete each step without rushing.

For families weighing guardianship against alternatives, the Pennsylvania Adult Guardianship & Alternatives Guide includes a decision framework, cost estimates, and step-by-step instructions for each option.

See more Pennsylvania guides →