Guardian Lawyer Helping Pottstown Care For Their Loved Ones
Last updated on March 6, 2026
Whether you have a family member who no longer has legal capacity and did not plan ahead by executing a power of attorney or you have a child who is over the age of 18 and never had legal capacity as a result of a disability, guardianship can be an excellent tool for many purposes.
It is necessary to have a skilled attorney to help arrange guardianship and make sure it will achieve your goals. The attorneys at O'Donnell, Weiss & Mattei, P.C., have significant experience in this area.
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Guardianship Solves Many Issues
There are many ways that guardianship can help achieve your legal goals. We help clients who need help with:
However, the fact that a guardianship is appropriate for many circumstances means that it is often confused for something else: a power of attorney.
What Is The Difference Between A Power Of Attorney And Guardianship?
A power of attorney is a legal document executed by you, the principal, that appoints an agent to act on your behalf. There are generally two types of powers of attorney: a health care power of attorney and a financial power of attorney.
- Health care power of attorney: This allows you to appoint an agent to make decisions for you in the event you are incapacitated. It includes a living will or advance directive that directs your preference in medical treatment should you be suffering from an end-state medical condition.
- Financial power of attorney: This allows you to appoint an agent to manage your financial assets. A financial power of attorney is typically a durable general power of attorney that lasts past the point of your incapacity. This allows your agent to handle your finances now and also if you become incapacitated.
The lack of a power of attorney often leads to guardianship. For example, when an individual does not have a power of attorney and becomes incapable of making responsible decisions due to a mental disability such as dementia, the only other alternative is a court-appointed guardian. A guardianship proceeding can be expensive; it is also invasive as it involves a profound loss of freedom and dignity for the individual.
Additionally, for a parent with a child with a disability who, even as an adult, is incapable of making financial decisions, upon the child turning the age of 18, the parent will need to petition the court for the guardianship of the child’s person and estate. This will allow the parent to continue to assist the child with their finances as well as direct their health care.
Finally, when an adult is no longer capable of caring for themselves, a legal guardian is appointed to help the individual manage day-to-day activities, which include things such as basic hygiene, finances and medical decisions.
What Does A Guardianship Lawyer Do?
Guardianship lawyers guide individuals and families through the process of establishing guardianship for someone who cannot manage their personal, financial or medical affairs. They handle the groundwork, making sure all steps are properly executed to meet court requirements while respecting the rights of everyone involved.
A guardianship lawyer is often necessary when someone is concerned about a loved one’s ability to make decisions due to age, disability or illness. They provide guidance on how to protect the individual and their assets while helping families understand their options.
Here are some of the key tasks performed by guardianship attorneys:
- Assessing the situation: A guardianship lawyer helps clients determine if guardianship is necessary or other arrangements, such as powers of attorney or trusts, may be appropriate.
- Filing legal paperwork: The lawyer prepares and files court petitions, gathers necessary documentation and ensures the case is ready for court hearings.
- Court representation: During hearings, the attorney advocates for the individual, presenting evidence to demonstrate the need for guardianship and confirming the suitability of the proposed guardian.
- Explaining responsibilities: A guardianship lawyer outlines the legal duties of the guardian, which might include managing finances, making medical decisions or overseeing day-to-day care.
- Providing ongoing legal support: Upon a guardianship, the lawyer can assist with tasks such as filing annual reports, addressing disputes or modifying the guardianship if circumstances change.
People should consider contacting a guardianship lawyer in situations like these:
- A child with special needs is approaching adulthood, and the parent or caregiver will need legal authority to continue assisting with financial or medical matters.
- An adult is no longer capable of managing their personal or financial responsibilities due to cognitive decline, injury or illness.
- There is concern about an individual being exploited or unable to care for themselves safely.
A guardianship attorney can also help maintain the well-being of the individual under care by creating a framework for decision-making that aligns with their best interests. They make sure that the guardian’s actions comply with court orders and local laws while safeguarding the individual’s rights and dignity.
Emergency Adult Guardianship For Seniors
When an aging parent suddenly develops dementia or suffers a stroke without a power of attorney in place, families are often forced into crisis mode. Bills may go unpaid, medical decisions may be delayed, and financial accounts may become inaccessible. In these urgent moments, an adult guardianship lawyer can help restore stability through court intervention.
Emergency guardianship proceedings are, by their nature, invasive. A court must formally determine that an individual lacks capacity. Medical evidence is required. Family members may need to testify. The court ultimately has the authority to remove decision-making power from the individual and transfer it to another person. That process can feel like a profound loss of freedom and dignity for the senior involved. Yet when no advance planning exists, guardianship may be the only legal path available to protect health and financial security.
An experienced adult guardianship attorney understands both the legal complexity and the emotional weight of these cases. Acting quickly can reduce delays that might otherwise leave a vulnerable senior exposed to financial exploitation or gaps in medical care. Guardianship lawyers help families prepare medical documentation, file emergency petitions and appear before the court to request immediate authority when circumstances demand swift action.
In crisis scenarios, families often face urgent issues such as:
- Immediate medical consent decisions following hospitalization
- Frozen bank accounts needed to pay for care or housing
- Risk of financial exploitation by third parties
- Disputes among relatives regarding who should serve as a guardian
Addressing these matters promptly through attorney guardianship representation can prevent additional harm and reduce uncertainty during an already stressful period.
While proactive estate planning is generally less costly and less intrusive than court proceedings, crisis situations do not always allow for advance preparation. In those moments, skilled guardianship counsel can help move the matter forward efficiently while minimizing unnecessary conflict. Guardianship counsel can also explain the scope of authority granted, outline reporting obligations and help families understand their continuing responsibilities after appointment.
The attorneys at OWM Law recognize the urgency of emergency adult guardianship matters. They act promptly to prepare filings and schedule hearings as quickly as the court permits. At the same time, they approach each case with professionalism and compassion, mindful that families are navigating difficult emotional terrain. When time is critical and a loved one’s well-being is at stake, having experienced guardian lawyers provides both decisive legal action and steady guidance during an uncertain time.
Speak With An Attorney Regarding Guardianship Today
Before a legal guardian can be appointed, it’s important to work with an experienced guardianship lawyer so that you can file the correct paperwork. Reach out to OWM Law for assistance by calling 610-323-2800 or by sending us an online message.