PA risk area
Guardianship risk in Pennsylvania
How courts appoint guardians for minors when no plan is in place.
Pennsylvania courts give preference to a minor's nominee at age 14 or older and to a guardian of the same religious persuasion as the parents.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A person nominated by a minor over age 14 may be preferred if found qualified and suitable.
- A person of the same religious persuasion as the parents is preferred as guardian of the minor's person.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Pennsylvania
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Pennsylvania courts give preference to a minor's nominee at age 14 or older and to a guardian of the same religious persuasion as the parents.
- A person nominated by a minor over age 14 may be preferred if found qualified and suitable.
- A person of the same religious persuasion as the parents is preferred as guardian of the minor's person.
- Older minors may nominate a guardian, subject to court approval.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Pennsylvania.