Pennsylvania Consolidated Statutes
20 Pa. Cons. Stat. § 5112 (2026)
Persons not qualified to be appointed by the court.
✓ current as of May 2026
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§ 5112. Persons not qualified to be appointed by the court.
The court shall not appoint as guardian of the estate of a minor any person who is:
(1) Under 18 years of age.
(2) A corporation not authorized to act as fiduciary in the Commonwealth.
(3) A parent of the minor, except that a parent may be appointed a co-guardian with another fiduciary or fiduciaries.
(Dec. 6, 1972, P.L.1461, No.331)
1972 Amendment. Act 331 amended par. (1).
Notes of Decisions
Cited in 2
cases, 1979–2003 · leading case: Bradshaw v. Rawlings, 612 F.2d 135 (3rd Cir. 1979).
Bradshaw v. Rawlings, 612 F.2d 135 (3rd Cir. 1979). “20 Pa.C.S. § 5112. . 15 P.S. § 2621. . 63 P.”
In re Stapas, 820 A.2d 850 (Pa. Commw. Ct. 2003). “In addition, Section 5112(3) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5112(3), provides that the Orphan’s Court shall not appoint as guardian of the estate of minor any person who is a parent of the minor.”
— 20 Pa. Cons. Stat. § 5112(3) — 1 case
In re Stapas, 820 A.2d 850 (Pa. Commw. Ct. 2003). “In addition, Section 5112(3) of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 5112(3), provides that the Orphan’s Court shall not appoint as guardian of the estate of minor any person who is a parent of the minor.”
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