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Plenary guardianship is a guardianship in which the court gives the guardian the power to exercise all legal rights and duties on behalf of a ward, after the court makes a finding of incapacity. A court may appoint a plenary guardian only upon a finding that the ward lacks the capacity to perform all of the tasks necessary to care for his/her person or property and is in need of plenary guardianship services.
The following is an example of a state statute (Pennsylvania) which provides for appointment of a plenary guardian.
20 Pa.C.S. § 5512.1(c) provides for plenary guardian of the person. It states that “The court may appoint a plenary guardian of the person only upon a finding that the person is totally incapacitated and in need of plenary guardianship services.”