Guardianships
Rich Magee represents individuals, hospitals and nursing homes in adult guardianship cases in Bucks and Montgomery counties.
Emergency Guardianship Petitions
Rich Magee is experienced with emergency guardianship petitions and proceedings which require quick, efficient action to protect individuals at risk. Emergency petitions may be appropriate to prevent an unsafe discharge from a hospital or nursing home, or to prevent victimization by financial predators. Rich is experienced with the prompt preparation of the petition and other required documents for filing in Orphans’ Court; coordination with physicians and/or psychologists for the submission of expert testimony in support of the petition; and proper notice of the emergency hearing and service of the petition to the alleged incapacitated person and other interested parties. Emergency guardianship hearings are often held within 48 to 72 hours of the filing of the petition and it is critical that the client is prepared at the time of the hearing to present the proper record in support of the petition. Rich knows the required evidence necessary for the court to enter an emergency decree.
Permanent Guardianship Petitions
Rich is experienced with permanent guardianship petitions and proceedings which may not necessarily require emergency intervention by the court. These proceedings are typically held five to six weeks from the date of filing the petition. Seeking a permanent guardianship requires the same thorough approach and attention to detail required in an emergency petition. A party obtaining an emergency guardianship decree has the legal obligation to file a permanent guardianship petition within thirty days of entry of the emergency decree.
Guardian Responsibilities and Reporting
Rich is experienced with advising and assisting guardians in meeting their fiduciary duties. This includes filing a petition, if necessary, for court approval of the sale of an incapacitated person’s home or permission to expend principal to pay the incapacitated person’s bills. Rich also represents guardians in review proceedings in determining whether a new decree should be entered due to a change of circumstances involving the incapacitated person or the guardian. Rich also assists guardians with the preparation of the mandatory annual reports.
Representing Alleged Incapacitated Persons
Rich has served as court appointed counsel for alleged incapacitated persons and has represented individuals who are the subjects of guardianship proceedings.