PRINTER'S NO. 431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
47
Session of
2021
INTRODUCED BY SHUSTERMAN, HILL-EVANS, N. NELSON, SANCHEZ,
NEILSON, MALAGARI, ISAACSON, WEBSTER AND ROZZI,
FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2021
A RESOLUTION
Urging the Department of Human Services to increase the fee paid
to guardians of incapacitated individuals.
WHEREAS, Guardianship is one means by which a substitute
decisionmaker can act on behalf of an adult who lacks capacity
to make some decisions; and
WHEREAS, Only a court, after a legal proceeding, may declare
an individual to be incapacitated and appoint a guardian for the
individual; and
WHEREAS, Pennsylvania courts have a responsibility to appoint
guardians for incapacitated individuals who are not able to make
their own decisions; and
WHEREAS, In most cases, the guardian appointed is a relative
of the incapacitated individual, however a significant number of
guardians are court-appointed professionals who manage the
individual's financial, medical and personal affairs; and
WHEREAS, The majority of these cases in this Commonwealth
involve individuals over 60 years of age; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
WHEREAS, Currently, professional guardians who are appointed
for incapacitated individuals who receive a long-term care grant
from the medical assistance program are paid at a monthly rate
of $100; and
WHEREAS, The balance of the income of the recipient of the
long-term care grant, after any other deductions and the
personal care allowance, is paid to the nursing home where the
recipient resides; and
WHEREAS, Unfortunately, the monthly rate of $100 has not been
increased in more than 20 years, despite the evolving and
challenging tasks guardians must undertake in addition to a
shortage of capable individuals willing to take on guardianship
roles; and
WHEREAS, A guardian's tasks include responding promptly to
all medical issues, including changes of medication,
authorization for hospitalization, surgery or other medical
procedures; and
WHEREAS, Guardians must discuss proposed medical procedures
and care with health care professionals and make informed
decisions on behalf of the incapacitated individual in addition
to updating family members on the health of the incapacitated
individual; and
WHEREAS, Guardians must facilitate visits by family members
with the incapacitated individual and mediate disputes among
family members of the incapacitated individual in addition to
personally visiting each incapacitated individual monthly; and
WHEREAS, Guardians manage an incapacitated individual's
finances and assess need, apply, facilitate and monitor
community-based services such as Meals on Wheels,
transportation, shopping, affordable housing, medical care, in-
20210HR0047PN0431 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
home aides and day programs; and
WHEREAS, There is an increasing number of guardianships in
Pennsylvania due to a rising elderly population and in
Philadelphia alone there were approximately 5,000 guardianship
cases in the last 10 years; therefore be it
RESOLVED, That the House of Representatives urge the
Department of Human Services to increase the fee paid to
guardians of incapacitated individuals; and be it further
RESOLVED, That the House of Representatives request the
Department of Human Services to review the allowance of fees for
guardianship services and consider increasing the allowable
amount to $300 for guardians of incapacitated individuals; and
be it further
RESOLVED, That the House of Representatives recognize that
this considerable increase will permit courts to continue to be
able to attract and retain reliable, capable guardians who can
obtain training and education, and invest the time required to
serve incapacitated Pennsylvanians to protect their health,
financial welfare and dignity to the best of their ability; and
be it further
RESOLVED, That the House of Representatives recognize the
vulnerability of incapacitated individuals in this Commonwealth
and recognize the importance of appropriately compensating
individuals who care for them.
20210HR0047PN0431 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24