Guardianship for individuals with mental health conditions in Pennsylvania allows a court-appointed guardian to make personal, medical, or financial decisions on behalf of someone who lacks the capacity to make these decisions independently. The Delaware County Orphans’ Court evaluates whether the person’s mental health condition renders them incapacitated and unable to manage their affairs. Guardianship can be limited (specific decisions) or plenary (comprehensive authority). Our attorneys help families navigate the petition process, court hearings, and ongoing responsibilities to ensure proper care and protection for your loved one. 

Advance directives for mental health care in Pennsylvania are legal documents that allow individuals to make decisions in advance about their mental health treatment preferences. These directives specify which treatments, medications, or interventions the person consents to or refuses, and may designate a trusted person to make mental health decisions if they become incapacitated. Advance directives ensure that an individual’s wishes are respected during mental health crises when they may be unable to communicate their preferences. Our Media, PA attorneys assist clients in creating comprehensive advance directives that comply with Pennsylvania law.

When a minor is experiencing a mental health crisis, providers may initiate an evaluation under Pennsylvania’s Mental Health Procedures Act to ensure the child’s immediate safety and stabilize their symptoms. Sometimes these situations overlap with the child welfare system if there are concerns about supervision, support, or the child’s ability to remain safely at home. This does not mean a parent has done something wrong—it simply triggers an additional layer of oversight. We help families navigate both the mental health and dependency processes so they remain informed, supported, and empowered during an incredibly difficult time.

Mental health patients in Pennsylvania have extensive rights under state and federal law, including the right to humane treatment in the least restrictive setting, informed consent for treatment, confidentiality of mental health records, communication with attorneys and advocates, participation in treatment planning, and the right to refuse certain treatments (with exceptions in emergency situations). Involuntary patients retain most civil rights and have the right to periodic review of their commitment status. Our attorneys advocate for these rights and take legal action when mental health facilities or providers violate patient protections.

Family involvement in mental health treatment decisions depends on several factors. If the patient is an adult with decision-making capacity, they control who participates in their care and what information is shared with family. However, family members can be involved through healthcare proxies, advance directives, or guardianship arrangements. Pennsylvania law allows for mental health advance directives designating family members or others to make treatment decisions during incapacity. Our attorneys help families establish appropriate legal frameworks for involvement in treatment while respecting the patient’s autonomy and privacy rights under HIPAA and Pennsylvania mental health confidentiality laws.

Mental health commitment (civil commitment) in Pennsylvania is a non-criminal proceeding designed to provide treatment to individuals with severe mental illness who pose a danger to themselves or others. Criminal commitment occurs when someone is found not guilty by reason of insanity or incompetent to stand trial due to mental illness. Civil commitment focuses on treatment and recovery, while criminal commitment involves the criminal justice system. Civil commitments are handled through the Mental Health Procedures Act and Delaware County mental health courts, while criminal commitments involve criminal court proceedings. Our attorneys provide representation in both civil mental health commitment proceedings and related guardianship matters.

The duration of involuntary commitment in Pennsylvania varies by commitment type. Emergency evaluation (201) lasts up to 120 hours. Extended involuntary emergency treatment (302) can last up to 20 days. Court-ordered involuntary treatment (303) can initially last up to 90 days, with possible extensions up to 180 days at a time based on continued evaluation and court review. Long-term commitment (304) can extend beyond 180 days for individuals requiring extended care. All commitments are subject to periodic review, and patients have the right to legal representation and hearings. Our attorneys represent both families seeking commitment and individuals challenging commitment orders in Delaware County.

In Pennsylvania, minors do have limited rights when it comes to accepting or refusing mental health treatment, but those rights depend on the child’s age and the level of care needed. In emergency situations—or when a child’s safety is at risk—providers may proceed under the Mental Health Procedures Act even if the child objects. When a child’s refusal disrupts needed treatment or raises concerns about their stability or supervision, Children & Youth Services or the dependency court may also become involved. We help families understand their child’s rights, what options truly exist, and how to navigate treatment decisions in a way that protects both safety and family autonomy.