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Guardianship Law in Pennsylvania, Report of the Working Group on Guardianships
Authorization: 2005 House Resolution 131, 1861


House Resolution 131 of 2005 (Printer’s No. 1861)


directed the Joint Statebills before the General Assembly, case law, the JSGC report of the Uniform Guardianship and Protective Proceedings Act, and guardianship

Government Commission (JSGC) to review current guardianship statutes and programs

and make findings and recommendations on their effectiveness in meeting the needs of

vulnerable incapacitated persons. The JSGC formed the Working Group on

Guardianships, and Representative Glen R. Grell, the prime sponsor of House Resolution

131, became the Chair. The working group consisted of professionals with expertise in

guardianship law, including attorneys, judges, representatives of the court system,

guardianship providers, advocates for disabled and older individuals, law professors and

representatives from Area Agencies on Aging (AAAs), the Pennsylvania Association of

Non-Profit Homes for the Aging (PANPHA), the Pennsylvania Association of County

Affiliated Homes (PACAH), and the Pennsylvania Departments of Aging, Health and

Public Welfare.

On January 26, 2006, the working group held its organizational meeting to discuss

the scope of the study and the issues for consideration. The working group then held

six subsequent meetings, on April 27, 2006; July 20, 2006; September 28, 2006;

November 16, 2006; January 19, 2007 and March 28, 2007. Throughout its deliberations,

the working group reviewed and discussed data and other background information,

statutory law,

May 1996,

and court practices across the Commonwealth. In addition, the working group members

shared their expertise and personal experiences regarding guardianship practices and

procedures.  The official comments may be This report also contains Finally, this report contains working group policy considerations regarding

This report reflects the findings and recommendations of the working group,

along with proposed legislation and official comments.

used in determining the intent of the General Assembly.

background information on the AAAs and PACAH, including the surveys distributed by

the JSGC.

data collection, the monitoring of guardians, funding, education and training, government

oversight, access to records and reporting requirements.