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   Pennsylvania Estate Law Library

 

Guardian, Divorced Parents
Only the minor's sole surviving parent can nominate a guardian of the person, meaning that the final authority will generally be given to the parent with a later date of death.

Note, however, Pennsylvania does not grant this right to any parent who has willfully neglected or refused to provide for the child, deserted the child, or failed to perform parental duties for at least one year prior to that parent's death. The nomination of a guardian by this type of parent will not be effective.

See: Guardians, Types; Surviving Parent As Guardian