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
