Limited or plenary guardianship: Which one do you need?
Are you considering estate planning for yourself or a loved one? One crucial aspect to consider is guardianship. As we age or face health challenges, we may need someone to make decisions on our behalf.
In Pennsylvania, there are two types of guardianships: limited and plenary. Understanding the differences between them is crucial to protecting the independence of your loved ones. In this blog, we’ll break down the basics of limited and plenary guardianships so you can make informed decisions about your family’s future.
Limited guardianship
In some cases, an incapacitated person (IP) may be capable of making decisions in certain areas of their life but not in others. That’s where limited guardianships come in.
This arrangement allows a guardian to make decisions on behalf of the individual, but only in specific areas where they need assistance. The court will outline exactly what rights and responsibilities the guardian has and any limitations.
Limited guardianships can be tailored to fit the IP’s needs, whether it’s for their personal well-being, financial matters or both. This type of guardianship aims to preserve as much independence as possible, while still providing necessary support.
Plenary or full guardianship
On the other hand, full guardianship grants the guardian complete decision-making authority. This type of guardianship is usually a last resort, when families have exhausted all other options.
It’s essential to remember that plenary guardianships take away fundamental rights from the IP, so it’s crucial to explore less restrictive alternatives first. As a guardian, it’s a legal responsibility and a moral obligation to maximize the IP’s independence. If circumstances change, the guardian must petition the court to update the arrangement.
Choosing the right guardianship type
Discussing guardianship arrangements can be complex and emotional, but understanding the options is key to protecting your loved one’s rights. By staying informed, you and your family can be more confident in the decisions you make.