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   Pennsylvania Estate Law Library

 

Guardian, Who May Name
Any person or entity interested in an another individual's welfare may petition the Orphans' Court for a hearing to determine that individual's incapacity. The petition may, but is not required to, contain a nomination for someone to serve as guardian.

Pennsylvania also allows a power of attorney to contain the principal's nomination of the preferred person to serve as his or her own guardian of the person and guardian of the estate, if an appointment should become necessary in the future. A mental health living will may also be used to nominate the declarant's preferred guardian of the person. However, if separate documents nominate different people to serve in the same role, the most recently executed document will be considered the applicable nomination.

If either type of guardian has been nominated and is otherwise qualified and willing to serve, the court is required to appoint that guardian before appointing anyone else.  Without a personal nomination for a preferred guardian, the court will choose an interested person from those who are nominated by others or from those who request to serve in either role.

See: Guardian, Role and Duties; Guardian, Scope of Powers; Guardian, Who May Name; Agents Compared With Guardians