On October 27, 2025, Pennsylvania Governor Josh Shapiro signed House Bill No. 18 into law, making it Act No. 39 of 2025 (the “Act”). Receiving bipartisan support in both chambers of the Pennsylvania General Assembly, the Act intends to increase the responsiveness of Pennsylvania’s guardianship system.
KingSpry Estate attorney and litigator, Joseph R. Kemmerling, Esq., discusses the new law and how it will impact guardianship proceedings in Pennsylvania.
Guardianship Proceedings
Pennsylvania law states that when an individual is deemed incapacitated, a professional, family member, or other qualified third party may be appointed to make certain decisions on their behalf at the discretion of the court. This is achieved through a guardianship proceeding.
A guardianship proceeding commences when an interested party files a petition for the appointment of a guardian. The court will hold a hearing to determine whether guardianship is necessary and may, at the conclusion of the proceeding, issue an order establishing a guardianship. After the hearing and the appointment of a guardian, the incapacitated person, the guardian, or an interested party may petition the court for a review hearing.
Under the current law, once a petition to terminate or modify guardianship is filed, the court must “promptly schedule a hearing or hold a review hearing at any time it shall direct.” To ensure timely outcomes, the Act establishes more concrete timelines by which the review hearing must be scheduled and occur.
Changes for Increased Efficiency
Under the Act, once a petition to terminate or modify guardianship is filed, the hearing must be scheduled within thirty (30) days and occur within sixty (60) days.
The court may continue the date of the hearing if it makes a written finding that rescheduling is necessary. Valid reasons for rescheduling are:
- To permit an interested party to participate;
- To permit counsel for the incapacitated person to participate and be prepared;
- To allow for a capacity evaluation or a medical report to be completed or a medical procedure to occur; or
- To allow all interested parties to be prepared for the hearing.
The Act also allows the court to decline the scheduling of a review hearing where an interested party has previously requested a hearing, a hearing was held within the last 180 days, and the new request does not raise any new issues or facts.
Effective Date
The Act takes effect in sixty (60) days on December 26, 2025.
