Guardianship Reform Arrives: Judges Must Try Less-Restrictive Alternatives, and Power-of-Attorney Forms Get a Major Overhaul

by Drew Blankenship

A lot of the time, guardianship begins with good intentions. However, it can quickly become a really emotionally draining legal process. A court-appointed guardianship can strip away major personal rights, including financial control, healthcare choices, and even decisions about where someone lives. Now, a growing wave of guardianship reform laws across the country is changing how courts approach these cases. Judges are increasingly being required to consider less-restrictive alternatives before removing someone’s legal independence, while updated power-of-attorney rules are reshaping how families plan for aging and incapacity. Ultimately, this should be good news, but you need to go into the situation knowledgeable.

Why Guardianship Reform Is Becoming a National Priority

Guardianship reform has gained momentum after years of criticism from elder advocates, disability-rights groups, and legal experts. Critics argued that traditional guardianship systems sometimes removed too many rights from older adults and disabled individuals even when less severe solutions were available. Newer laws now emphasize “person-centered” planning, which focuses on preserving as much independence as possible while still providing necessary support.

Several states adopting updated versions of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act now require courts to explore alternatives before imposing full guardianship

Judges Are Now Being Told to Consider Less-Restrictive Alternatives First

One of the biggest changes in guardianship reform involves requiring courts to evaluate alternatives before approving guardianship petitions. These alternatives can include supported decision-making agreements, healthcare directives, representative payees, trusts, and financial power-of-attorney arrangements. In states adopting updated reform measures, judges must often document why less-restrictive options are insufficient before granting broad guardianship powers.

Some states, including Pennsylvania and North Carolina, now specifically require courts to make factual findings showing why less-restrictive alternatives would not adequately protect the person involved.

Power-of-Attorney Documents Are Receiving Major Attention

Power-of-attorney forms are also becoming a major focus under guardianship reform efforts. Attorneys say many older power-of-attorney documents were written too broadly, too vaguely, or without enough safeguards against abuse.

Updated forms in many states now include clearer language about financial authority, healthcare decision-making, fiduciary responsibilities, and limitations on an agent’s powers. Some newer laws also encourage narrower or customized powers rather than automatically granting blanket authority over every aspect of someone’s life.

Families Are Discovering Guardianship Is More Complex Than Expected

Many families assume guardianship simply allows them to “help out” an aging parent, but the legal reality is far more serious. Guardianship can remove rights involving finances, medical care, contracts, housing decisions, and other deeply personal areas of life, depending on the court order. Online discussions from caregivers and social workers show that families are often shocked to learn that guardianship does not automatically give unlimited control over another adult.

Supported Decision-Making Is Emerging as a Popular Alternative

Supported decision-making is becoming one of the fastest-growing alternatives under guardianship reform laws. Instead of transferring legal authority to someone else, supported decision-making allows individuals to retain their rights while receiving help understanding options and communicating decisions.

This approach works especially well for many older adults with mild cognitive decline or individuals with developmental disabilities who still want to participate actively in their lives. The American Bar Association and several state legislatures now encourage courts to prioritize supported decision-making whenever appropriate before imposing guardianship restrictions.

Guardianship Reform Is Changing How Families Plan for Aging

More often than not, judges have started turning to less-restrictive alternatives to traditional guardianship. The goal is to preserve independence whenever possible. That said, at the same time, updated power-of-attorney laws are encouraging families to create more thoughtful, detailed legal plans before emergencies happen. When it’s all said and done, these reforms should reduce unnecessary loss of rights while still protecting vulnerable adults from exploitation or neglect. 

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Guardianship Reform Arrives: Judges Must Try Less-Restrictive Alternatives, and Power-of-Attorney Forms Get a Major Overhaul 

Hollidaysburg woman accused of taking money from older adult to pay for hotels, cruises

Ritchey allegedly used victim’s account to pay for cruises, hotels

A Hollidaysburg woman faces more than two dozen charges related to the financial exploitation of an elderly person.

Brandy Marie Ritchey, 43, was charged with six felony counts of access device used without authorization, five felony counts each of theft by deception and receiving stolen property, one felony count each of financial exploitation of an older adult of care dependent person and forgery. In addition, she was charged with three misdemeanor counts of receiving stolen property, two misdemeanor counts of theft by deception, and one misdemeanor count each of Receiving stolen property, theft and unauthorized use of an access device.

According to the affidavit of probable cause, state police received a report in March from a protective services investigator for Blair Senior Services.

The investigator told police he was assigned the case on Feb. 13 and that the victim lived at the Presbyterian Home in Hollidaysburg, where she has been a resident since late September 2025. She had previously lived in her home with Ritchey, the investigator said.

During his research, the investigator received two concerning reports about Ritchey purchasing a new car, but lacking the financial means to do so. The second report showed bank statements that appeared Ritchey was financially exploiting the victim.

When protective services interviewed the victim, she voiced concerns that Ritchey was using her money without permission.

Protective services received a spreadsheet of expenditures from the victim’s bank account and found a variety of purchases that the victim did not authorize, including vacations, hotel rooms and cruises, the affidavit states.

Police reported that the purchases began about June 30, 2025, and included several cruises, cruise excursions, hotels in New York and more.

Police also found several unauthorized cash withdrawals from the victim’s bank account at area ATM machines.

In addition, Ritchey took the victim to the bank on Feb. 13 in an attempt to withdraw $40,000. That request was denied and the account was put on hold, protective services reported.

During the investigation, police spoke to a local bank branch manager who reported her suspicions that Ritchey was exploiting the victim.

In an interview with the victim and her family members, the victim said Ritchey has access to her finances to pay for her stay at the home. But for bills associated with the victim’s home, Ritchey brings the bills and the victim pays those by writing out a check.

Police reported they told the victim that Ritchey may have been using her money to benefit herself for a very long time, the affidavit states, noting the total amounted to about $50,000.

When asked, the victim told police she never authorized Ritchey to use her money for a vehicle, vacations or anything else.

“I made it clear several times to her, if you’re doing this, you’d better be using your own money. If you’re using mine, you’re going to be in trouble. I told her I would stick her ass in jail faster than anything,” the victim told police in the interview.

On March 17, police applied for and were granted a search warrant on Ritchey’s residence, vehicle and person.

The warrant was executed on March 18 and police found a variety of items relating to the case, including the victim’s bank cards, bank statements, checkbooks and deposit/withdrawal slips. In addition, police found receipts for the vehicle purchase and a flight to Miami, as well as a receipt from a local pawn shop where Ritchey allegedly sold gold and silver, receiving $1,400.

During an interview with police on March 19, Ritchey allegedly admitted to using the victim’s money for herself and to selling the victim’s jewelry, police reported.

Ritchey allegedly told police she was broke and didn’t know what else to do.

Ritchey was arraigned Thursday evening before Magisterial District Judge Daniel C. DeAntonio and remanded to the Blair County Prison in lieu of $150,000 bail.

Her preliminary hearing is set for May 26 before DeAntonio.

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Hollidaysburg woman accused of taking money from older adult to pay for hotels, cruises