Offering Guidance For Your Guardianship Or Fiduciary Needs In Pennsylvania
Kreisher Marshall & Associates, LLC, can serve as either the attorney representing the petitioner or the proposed guardian. We have expansive experience serving in both capacities.
Our team of board-certified elder law attorneys feels passionate about helping people throughout Pennsylvania get the high-quality long-term care so they can thrive and be happy.
What Is KMA Guardianship & Fiduciary Services?
KMA Guardianship & Fiduciary Services is a division of Kreisher Marshall & Associates, LLC, an elder law firm dedicated to assisting seniors and individuals with special needs. With employees headquartered in Columbia, Centre and Elk counties, we provide guardianship, power of attorney and other fiduciary services throughout the northern tier and central Pennsylvania.
KMA Guardianship & Fiduciary Services staff participates in face-to-face visits, either in-person, via FaceTime or Zoom, with all of our clients at a minimum of least once every quarter. We also conduct monthly, and oftentimes even more frequent, status updates/check-ins. We are available as needed Monday through Friday 9 am-5 pm and 24 hours per day, 7 days per week on an emergency basis.
Our High Qualified And Caring Elder Law Team
Our nationally certified guardians, certified elder law attorneys, elder care coordinators, certified Medicaid planners, accredited case manager and support staff have years of experience in assisting seniors and disabled individuals. Every employee has a clean criminal record check which is updated every 6 months. KGS employees are covered by professional liability insurance with coverage of $1,000,000 and a $5,000 deductible. We take a personal approach to our cases and participate in continuing education throughout the year.
What Is Guardianship?
All adults have the presumption that they have the capability to make legal, medical and financial decisions for themselves. However, if someone loses their capacity and does not have a power of attorney, a court may appoint a guardian to make decisions on their behalf. A guardian is a competent adult who has a legal relationship with an alleged incapacitated person (AIP). If the AIP no longer has the capacity to make life decisions, the guardian can do so in their stead.
What To Know About Incapacity
According to Pennsylvania Statute Title 20, Section 5501, incapacity is found when an AIP’s ability to receive and evaluate information effectively, communicate and make decisions in any way is impaired to such a significant extent that he/she is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.
Who Is Involved? What Is The Process?
The petitioner – the individual/organization interested in the alleged incapacitated person’s well-being who is asking the court to declare the AIP incapacitated and appoint a guardian, normally retains an attorney to file the petition requesting the appointment of a guardian. The petition will suggest a proposed guardian.
After the petition is filed, the court appoints an attorney to represent the interests of the AIP if the AIP does not have his/her own attorney or cannot afford an attorney. A hearing date is scheduled. The petition must be served on the AIP at least 20 days before the scheduled hearing date and must also be served on interested parties. Generally, the AIP is required to attend the hearing.
Fiduciary Services You Can Trust
For those individuals with capacity and no family they can rely upon to handle his/her financial affairs, KGS is available to serve in a fiduciary capacity as an agent under a power of attorney or trustee. All fiduciary services are directly supervised by one of the two certified elder law attorneys in our office. Speak with us in person to find out more information about our services and fees.
Learn How Our Services Can Help You
Whether you need to petition for guardianship for a loved one or are looking for someone to name as guardian, we have you covered. To find out more information, please reach out to us in Bloomsburg at 570-798-1084 or send us an email.