Petitions to review, modify, or terminate a guardianship: New law establishes protective timelines
October 31, 2025
Publications
When a guardianship is no longer needed or circumstances change, families and individuals may face delays while waiting for a court to review their request. A new Pennsylvania law is designed to address that problem.
On October 27, 2025, Governor Josh Shapiro signed Act No. 39 of 2025 (House Bill 18; P.L. 129) into law. The act, introduced by Representative Jeff Olsommer (R-House District 139), further amends Section 5512.2 (a.1) of Title 20 (the Decedents, Estates and Fiduciaries Code) of the Pennsylvania Consolidated Statutes.
It defines the timeframe within which the court must schedule a review hearing upon receipt of a petition to terminate or modify the guardianship of an incapacitated adult person. Specifically, the new law requires the court to schedule the review hearing within 30 days of filing the petition to terminate or modify a guardianship, and the review hearing must take place within 60 days of filing the petition.
Limited extensions
The statutory revisions permit the court to continue the review hearing beyond the 60-day mark if the court makes a written finding that rescheduling the hearing is necessary to:
- Permit an interested party to participate;
- Permit counsel for the incapacitated person to participate and to be prepared;
- Allow for a capacity evaluation or a medical report to be completed or other medical procedure to occur; or
- Otherwise allow for all interested parties to be prepared for the review hearing.
The use of the word “or” in the statutory language indicates that the court is permitted to extend the review hearing beyond the 60 days should it make a written finding that any of the above circumstances exist.
Restrictions on repetitive filings
Additionally, this act permits the court to decline to schedule a review hearing when that request has been filed by the same interested party and a hearing has been held upon the same request within the past 180 days, unless the new filing raises new issues or facts for the court to consider.
These new requirements will take effect on December 26, 2025.
Context within broader guardianship reform
Act 39 builds on the state’s recent efforts to strengthen oversight and accountability in guardianship cases.
The statutes and the Orphans’ Court Procedural Rules governing guardianships have undergone significant changes in the past two years. This new statutory amendment follows the earlier and much broader modifications implemented by Act 61, which took effect in June 2024.
Act 61 included increased checks in the guardianship review context, among other things. Those included:
- The requirement of an automatic review hearing where evidence presented at the original guardianship hearing indicates that the circumstances of the person’s incapacity may change.
- The requirement of counsel for the incapacitated person during both the initial guardianship and review hearing stages of the proceedings.
Counsel for guardianship matters
Courtney M. Wentzel, who regularly practices in the areas of guardianship, elder law, trusts and estates litigation, and fiduciary litigation at McNees, is closely monitoring changes and other updates impacting guardianships.
If you are in need of counsel in a guardianship matter, Courtney is available to discuss these and any legal questions or options you may have.
The McNees litigation group also represents clients in various disputes and has unique experience handling injunctions and other emergency litigation proceedings.
