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Pennsylvania House of Representatives
04/24/2024 06:23 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=37231
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: April 19, 2022 11:36 AM
From: Representative Darisha K. Parker
To: All House members
Subject: Strengthening Pennsylvania’s Guardianship Laws
 
Imagine someone else controlling your financial, medical, and personal decisions because a court ruled you are unable to do so yourself. This situation, known as guardianship, is a reality for close to 19,000 people in our state, more than half of whom are aged 60 and older. While many families rely on guardianship to care for their loved ones, the system itself is ripe for abuse — in 2019 three-court appointed guardians embezzled more than $1 million from 108 victims.
 
Because of this, I am introducing legislation to strengthen Pennsylvania’s guardianship laws. My bill is a companion to legislation being sponsored by Senators Lisa Baker and Art Haywood in the Senate and is supported by both the Pennsylvania Bar Association and Disability Rights PA. It will help prevent fraud, abuse, and exploitation in our state’s guardianship system by:
 
  • Appointing counsel for alleged incapacitated persons when none has already been retained;
 

  • Certifying professional guardians;
 

  • Ensuring that courts first explore alternatives to guardianship; and
 

  • Requiring that petitions for guardianship demonstrate that less restrictive alternatives were considered and why they are insufficient.
 
This issue affects people throughout our state from all walks of life — rich and poor, urban and rural, Republican and Democrat. Today, I ask that you join me in co-sponsoring this important legislation and help to protect our most vulnerable residents.
 


Introduced as HB2636