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Pennsylvania Estate Law Library

Guardian, Who May Name

Guardian of the Person
Of any two parents, only the sole surviving parent can nominate a guardian of the person for any of their minor children. Even though each parent's individual will may appoint different guardians, only the sole surviving parent's nomination will be effective.

Note, however, this right is denied to any parent who has willfully neglected or deserted the child for at least one year prior to that parent's death. In this situation, the first parent's nomination will be effective even though the second parent may be the last of the two parents to survive.

Guardian of the Estate
Pennsylvania allows any person making a gift to a minor to name the guardian of the estate for that property.

Pennsylvania also permits minors who are at least 14 years of age to nominate their own guardian of the person or guardian of the estate. When this is done, the Orphans' Court will give preference to the guardian nominated by the minor when making the appointment.

See: Guardians, Types; Guardian, Eligibility