Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS
Rule 5.6 - Appointment of a Guardian for the Estate or Person of a Minor
Universal Citation: 231 PA Code ยง 5.6
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Contents of Petition. Separate petitions for each minor must be filed requesting the appointment of a guardian of the estate or person of each such minor. In addition to the requirements provided by the Rules in Chapter III, the petition shall set forth the following:
(1) The name, address and
relationship of the petitioner to the minor;
(2) The name, address and age of the
minor;
(3) The names and addresses
of his or her parents, if living, and whether the minor's parents consent to
the petition if the petition is not being filed by the minor's
parents;
(4) The need for the
appointment of a guardian;
(5) if
the petition is filed due to the death of the minor's parent or legal guardian,
or if the minor is to receive property under a will, deed or other written
instrument conveying property whether the petitioner knows if the parent, legal
guardian or decedent appointed a guardian for the minor in his or her will,
deed or any other written instrument, and if so, the name of such proposed
guardian;
(6) that the minor has no
guardian presently appointed or that a guardian already appointed has died or
has been discharged or removed by the court, together with the date of such
death, discharge or removal and a reference to the court order discharging or
removing the previously appointed guardian;
(7) The name, address and age of the proposed
guardian and his or her relationship to the minor, if any;
(8) The nature of any interest of the
proposed guardian adverse to that of the minor including, inter
alia, a reference to any estate in which the minor is interested and
in which the proposed guardian is a fiduciary or surety or employee of a
fiduciary or surety therein;
(9) if
the minor is fourteen years of age or older, the preference of the minor, if
any, as to who should be appointed as guardian;
(10) if the petition is for the appointment
of a guardian of the person, the religious persuasion of the minor's parents
and the religious persuasion of the proposed guardian;
(11) if the petition is for the appointment
of a guardian of the estate of the minor, an itemization of the assets of such
estate, their location, approximate value and income, if any;
(12) if the minor is entitled to receive any
property as a party to any court action or proceeding, a reference to the court
record and the amount of the property to which the minor is entitled;
and
(13) that notice has been given
to the United States Veterans' Administration or its successor, if the minor is
the child of a veteran and insurance or other gratuity is payable to him or her
by the United States Veterans' Administration, or its successor.
(b) Exhibits. The following shall be attached to the petition:
(1) The proposed guardian's written consent
to the appointment;
(2) The written
consents of the minor's parents to the petition if they are not the petitioners
and if they consent to the petition; and
(3) a copy of decedent's will, deed, or other
written instrument referenced in subparagraph (a)(5) of this Rule that appoints
a guardian.
(c) If the minor is fourteen years of age or older, the minor shall appear in court at the time of the hearing, if any.
Note: Rule 5.6 is derived from former Rule 12.5.
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