Pennsylvania Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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US-01207BG
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Description

A guardianship is a legal relationship created when a person is assigned by the court to take care of minor children. Generally, to become a guardian of a child either the party intending to be the guardian or another family member, or a close friend of the family will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the interested party may waive the notice requirements and/or join in the petition.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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FAQ

To become a guardian, you will have to file a petition for guardianship of your loved one with the probate court. Your petition must explain the reasons why you believe that a guardian should be appointed.

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is ?incapacitated? (previously referred to as ?incompetent?).

§ 5113. A person of the same religious persuasion as the parents of the minor shall be preferred as guardian of his person. A person nominated by a minor over the age of 14, if found by the court to be qualified and suitable, shall be preferred as guardian of his person or estate.

A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.

When Does a Guardianship Trump a POA? A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.

When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf.

A petition for guardianship of a minor is filed in the Orphans' Court. A hearing date is assigned. If the petition is granted a final decree is signed and guardian is appointed by a judge.

New Rules for Guardianships Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.

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Pennsylvania Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed