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Guardianship in Pennsylvania

Overview

"A guardian is a person lawfully invested with the power, and charged with the duty, of taking care of and managing the property and rights of another person." 26 P.L.E. 2d Guardian and Ward § 1 (2021).

Generally, Pennsylvania statutes on guardianship of minors are found at 20 Pa.C.S. §§ 5101-5167 and 20 Pa.C.S. §§ 5301-5321, Pennsylvania statutes on guardianship of incapacitated persons are found at 20 Pa.C.S. §§ 5501-5555, and Pennsylvania statutes on adult guardianship and protective proceedings are found at 20 Pa.C.S. §§ 5901-5992. Additional guardianship-related laws may be included in other areas of the Pennsylvania Statutes. Use the index volumes or conduct a search to find relevant statutes. For where to find Pennsylvania statutes, see the Pennsylvania Statutes guide.

The resources listed in this guide are a selection of the secondary materials related to guardianship in Pennsylvania. It may be beneficial to also look at the resources listed in the Pennsylvania Wills, Trusts, and Estates guide. For where to find power of attorney information, see the Pennsylvania Power of Attorney guide.

Additional material may be available at Jenkins. Search the Jenkins' catalog for guardian* and limit the location to Pennsylvania for a more detailed list. Visitors to Jenkins may also want to browse the shelves around call numbers KFP106 through KFP107.

Relevant Acts

The Pennsylvania legislature passed the Pennsylvania Uniform Transfers to Minors Act in 1992 (1992, Dec. 16, P.L. 1163, No. 152). The majority of this act is codified at 20 Pa.C.S. §§ 5301-5321. See the Tables volumes of the print Purdon's Pennsylvania Statutes for the correlation table that lists additional statute sections related to this act.

The Pennsylvania Uniform Transfers to Minors Act is based upon the Uniform Transfers to Minors Act (1986) approved and recommended by the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws). HeinOnline's National Conference of Commissioners on Uniform State Laws Collection includes the final text of the Uniform Transfers to Minors Act (1986) as well as various drafts.

The Pennsylvania legislature passed the Pennsylvania Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in 2012 (2012, July 5, P.L. 975, No. 108). The majority of this act is codified at 20 Pa.C.S. §§ 5901-5992. See the Tables volumes of the print Purdon's Pennsylvania Statutes for the correlation table that lists additional statute sections related to this act.

The Pennsylvania Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act is based upon the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007) approved and recommended by the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws). HeinOnline's National Conference of Commissioners on Uniform State Laws Collection includes the final text of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007) as well as various drafts.