Guardianships in Pennsylvania

Overview

A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting.

When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.