How Do I Name a Guardian for My Minor Children in Pennsylvania?
See how a parent names a guardian for their minor children in Pennsylvania, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Pennsylvania, a parent names a guardian for a minor child in a will (20 Pa.C.S. § 2519 (person § 2519(a); estate § 2519(b)); appointment 20 Pa.C.S. §§ 5111–5113). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (20 Pa.C.S. § 2519 (person § 2519(a); estate § 2519(b)); appointment 20 Pa.C.S. §§ 5111–5113).
No. In Pennsylvania, a guardian is named in your will or the guardianship petition, not a standalone declaration.
Yes. Pennsylvania allows a Standby Guardianship — Written Designation (23 Pa.C.S. ch. 56 subch. B (Standby Guardianship Act; §§ 5611–5616; definitions § 5602, designation § 5611, petition § 5612, effect § 5613)): any adult can be authorized for a limited time (up to 2 months) without transferring custody.
In Pennsylvania, a child 14 or older may choose their guardian, subject to the court's approval (20 Pa.C.S. § 5113).
Pennsylvania sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (20 Pa.C.S. § 5112)
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Pennsylvania Estate Planning Resources
In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.
