Guardianship Laws To Be Strengthened Under PA Lawmakers' Proposal

HARRISBURG — A state legislator from Montgomery County is behind a bipartisan push to improve the commonwealth's guardianship laws, saying his own interest in the topic was spurred by a neighbor of his getting "ripped off" by a professional guardian.

"This legislation remedies the practices that lead to that theft," State Sen. Art Haywood, a Democrat representing parts of Montgomery and Philadelphia Counties, said in a statement about Senate Bill 1333.

The measure, which was jointly introduced this month by Haywood and fellow Democratic Sen. Lisa Baker of Northeastern Pennsylvania, advanced after the Senate Judiciary Committee recently voted in favor of the piece of legislation.

Baker said that lawmakers hear "all too often of guardianships resulting in unintended exploitation of individuals."

"This measure takes a positive step forward to better protect this vulnerable population from abuse," Baker said in a statement.

In Pennsylvania, guardians can be appointed by judges when the courts determine that an adult is incapacitated, and not in the proper condition to make certain decisions on behalf of himself or herself.

After a judge transfers legal duties, the guardian has the power to make financial, medical and personal decision on behalf of the incapacitated person.

The senators behind the measure say this could lead to problems.

They cited the example of three court-appointed guardians embezzling more than $1 million from 108 victims in six Pennsylvania counties back in the fall of 2019.

"With over 19,000 active guardianships in the state, this bill will prevent fraud, abuse, and exploitation, and increase representation for Pennsylvanians," reads a news release about the bill from Haywood's office. "While guardianship can be an appropriate tool to support individuals who cannot make decisions themselves, it should be limited and used only as a last resort."

The senate bill would require certification for professional guardians, advise the courts to first explore alternatives before rushing to appoint a guardian, require that petitions for guardianship demonstrate that "less restrictive alternatives" were considered, but found to be insufficient, and appoint counsel for incapacitated individuals who don't have representation.

The senators pointed out that alternatives to guardianship include habilitation programs, representative payees managing public benefits, and relatives or friends of incapacitated individuals serving as healthcare representatives.

"These pathways can be equally effective, less expensive, and more emotionally safe," the news release from Haywood's office states.

Senate Bill 1333 will now be heading to the full Senate for consideration.