Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5512 (2026)

County of appointment; qualifications.

✓ current as of May 2026

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§ 5512. County of appointment; qualifications.

(a) Resident incapacitated person.--A guardian of the person or estate of an incapacitated person may be appointed by the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility.

(b) Nonresident incapacitated person.--A guardian of the estate within the Commonwealth of an incapacitated person domiciled outside of the Commonwealth may be appointed by the court of the judicial district having jurisdiction of a decedent's estate or of a trust in which the incapacitated person has an interest. When the nonresident incapacitated person's estate is derived otherwise than from a decedent's estate or a trust within the Commonwealth, a guardian may be appointed by the court of any county where an asset of the incapacitated person is located.

(c) Exclusiveness of appointment.--When a court has appointed a guardian of the person or estate of an incapacitated person pursuant to subsection (a) or (b), no other court shall appoint a similar guardian for the incapacitated person within the Commonwealth.

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.

Notes of Decisions

Cited in 3 cases, 1991–2015 · leading case: In Re Sylvester, 598 A.2d 76 (Pa. Super. Ct. 1991).

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In Re Sylvester, 598 A.2d 76 (Pa. Super. Ct. 1991). “See 20 Pa.C.S. § 5512 (guardian of person of estate may be appointed by court of county where the incompetent is domiciled).”

In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “The procedure for determining incapacity and for appointment of a guardian shall meet all requirements set forth at 20 Pa.C.S. §§ 5512 and 5512.1. [Committee Comment – 2006 The form of citation and notice formerly found in the body of Rule 14.”

In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “The procedure for [determination of] determining incapacity and for appointment of a guardian shall meet all requirements set forth at 20 Pa.C.S. §§ 5512 and 5512.1. [Committee Comment – 2006 The form of citation and notice formerly found in the body of Rule 14.”

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