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
