The nomination of a guardian of the estate allows any property passing to the minor from the decedent’s estate to pass to the guardian, keeping it away from the surviving parent. Pennsylvania estate planning lawyers are often called upon to write a will for a parent, who does not want to see the other parent get their hands on the child’s money after the former is gone. Together, these powers have many beneficial uses. These include situations where the property passes to the minor by the testator’s will, is the proceeds of insurance on the testator’s life, arises from a lifetime gift by the testator to the minor, is a cause of action arising by reason of the testator’s death, is a pension or death benefit, or is a tentative trust of which the testator was the settlor. Section 2519(b) provides that any person may, by will, appoint a guardian of real or personal property passing to a minor upon the testator’s death under various circumstances. While only a parent can nominate the guardian of the person of a child, anyone can nominate a “guardian of the estate” of a child. We can think of guardianship of the person as who has custody of the child, who decides where the child will live, what religion the child will be raised into, what medical treatment the child should receive, and all the myriad day-to-day decision making that parents usually perform. Only a sole surviving parent can nominate a “guardian of the person” of a child. The Pennsylvania Estate Law, otherwise knows as the Decedents, Estates, and Fiduciaries Code, at § 2519 spells out the right of a person to nominate a testamentary guardian for a minor, which is a guardian appointed by will. One method allowed by the Pennsylvania legislature is “testamentary guardianship.” There are also ways to make sure that both custody issues and money issues involving minors are taken care of on the death of a parent. Because a ruling that a person is incapacitated and the resulting appointment of guardian takes away many important legal rights, the alleged incapacitated person has the right to request that the Court appoint a lawyer to represent him or her.Taking Care Of The Kids – Testamentary Guardians For Minors In PennsylvaniaĮlsewhere on this website we have an article about the Pennsylvania Uniform Transfers to Minors Act (PUTMA), which is a good vehicle for people who want to give gifts or transfer property to minors without going through the expense and formality of setting up a formal trust, and without the rigors of too much court oversight. In order for a guardian to be appointed, the Court must find that the person is “incapacitated”, which means that that they are partially or totally unable to manage their financial resources or meet essential requirements for their physical health and safety. Anyone who is interested in the alleged incapacitated person’s welfare can file a petition seeking the appointment of a guardian. The person who is the subject of a guardianship proceeding is called an “alleged incapacitated person”. The Court may appoint a guardian of the person (to make decisions about living arrangements and health care decisions) or a guardian of the estate (to handle financial matters) or both. In these situations, Pennsylvania law allows the Orphans Court to appoint a guardian to make decisions for the impaired person. The impaired person may be at risk of being financially exploited by other people and may not be able to take care of him or herself. Sometimes dementias (such as Alzheimer’s Disease) or other mental or physical conditions can cause a person to lose their ability to manage their household or finances or to make reasoned decisions about health care. Guardianship is the legal process for someone to take control of an adult’s affairs when they are unable to handle their own affairs (finances, medical decisions, etc.).
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