What court and form does a Pennsylvania guardianship of a minor use?

The Orphans' Court Division of the Court of Common Pleas for the county where the child resides hears a Petition for Appointment of a Guardian of the Estate or of the Person of a Minor. Pennsylvania has no statewide mandatory initial petition form; 231 Pa. Code Rule 5.6 sets the content the petition must include, and some counties publish their own local petition templates.

How long can a Pennsylvania temporary guardianship during a parent's drug or alcohol treatment last?

A court-ordered temporary guardianship for a custodial parent's drug or alcohol treatment is limited to 90 days from the order, renewable in 90-day increments by court approval or written agreement, up to a 365-day total cap. This track is available only to a statutorily defined family member: a grandparent, aunt, uncle, or adult sibling, not any adult.

Does a Pennsylvania child have to consent to a guardianship?

A minor 14 years of age or older must appear in court at the hearing, if one is held, and a person nominated by a minor over 14 gets preference as guardian if the court finds that person qualified and suitable. The petition itself must also state whether the minor's parents consent, and their written consent, if given, is attached as an exhibit.

Will Pennsylvania investigate or require training for a proposed guardian?

Pennsylvania's Title 20 minor-guardianship chapter has no mandatory background check, court investigation, or training course for a proposed guardian. A guardian ad litem to represent a minor's interest in an estate is not required unless the court considers the appointment advisable.

Is a bond required for a Pennsylvania guardian of a minor?

Only for a guardian of the minor's estate, in an amount the court considers necessary given the value of the estate; the court may dispense with it for cause shown. No bond is required for a guardian of the person. A parent may not serve as sole guardian of the minor's estate, though a parent may be a co-guardian with another fiduciary.

Does a Pennsylvania guardianship end a parent's parental rights?

No. Guardianship does not terminate parental rights and is not adoption. It ends when the minor turns 18, and a guardian of the estate may be removed for cause. A designator may revoke a standby designation, and the court terminates a drug- and alcohol-treatment temporary guardianship when the custodial parent shows its basis no longer exists or the parties agree.

Is there a way to get authority over a Pennsylvania child without going to court?

A custodial parent can sign a standby guardian designation under 23 Pa.C.S. Section 5611, a written document naming a standby guardian to take over on a stated triggering event. It gives the standby guardian up to 60 days of authority before a petition for court approval is required, and the authority lapses if that petition is not filed.

What if a child is in immediate danger in Pennsylvania?

Contact the county children and youth agency or law enforcement, and consider the protective order process. A guardianship petition, even one requesting standby or temporary guardianship, is not itself an emergency safety intervention.

Is a Pennsylvania guardianship petition the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or parenting time is handled through a custody process, not a guardianship petition, which is meant for situations where a parent cannot currently care for the child.

Pennsylvania Guardianship of a Minor Petition

Q: How long can a Pennsylvania standby guardian act before a court petition is required?

Up to 60 days after a triggering event, such as a parent's incapacity, debilitation with consent, or death. A signed, witnessed standby guardian designation gives the standby guardian temporary legal authority for that 60-day period, and a petition for court approval must be filed within it or the authority lapses.

Pennsylvania hears an ordinary guardianship petition in the Orphans' Court Division of the Court of Common Pleas under Title 20, sets no statewide mandatory initial petition form, and runs a separate Standby and Temporary Guardianship Act that gives a standby guardian up to 60 days of authority before any court petition must be filed, or a family member up to 90 days of court-ordered temporary guardianship during a parent's drug or alcohol treatment, renewable to a 365-day total cap.

Find out where you stand in Pennsylvania

Where are you with the guardianship?

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Introduction

A Pennsylvania guardianship of a minor is heard in the Orphans' Court Division of the Court of Common Pleas for the county where the child resides, on a Petition for Appointment of a Guardian of the Estate or of the Person of a Minor under Title 20 Chapter 51 and 231 Pa. Code Rule 5.6. Pennsylvania has no statewide mandatory initial petition form; Rule 5.6 sets the content the petition must include, and some counties publish their own local petition templates. A separate Standby and Temporary Guardianship Act, 23 Pa.C.S. Chapter 56, runs in family court: a parent's signed standby guardian designation gives the standby guardian up to 60 days of authority after a triggering event before any court petition must be filed, and a defined family member may get court-ordered temporary guardianship during a custodial parent's drug or alcohol treatment for 90 days, renewable in 90-day increments up to a 365-day total cap. The petition must disclose the parents' names, addresses, and whether they consent, with any written consent attached; a minor 14 or older must appear at the hearing. Pennsylvania's Title 20 minor-guardianship chapter has no mandatory background check, court investigation, or training requirement. Bond is required only for a guardian of the estate. Guardianship does not terminate a parent's rights and is not adoption. Attorney review is available before you file.

Key Things to Know

1
File a Petition for Appointment of a Guardian of the Estate or of the Person of a Minor in the Orphans' Court Division of the Court of Common Pleas for the county where the child resides, with content set by 231 Pa. Code Rule 5.6. Pennsylvania has no statewide mandatory initial petition form; some counties publish their own local petition templates, and statewide forms (G-02, G-03, G-04) cover the inventory and reports after appointment.
2
A separate Standby and Temporary Guardianship Act, 23 Pa.C.S. Chapter 56, lets a signed standby guardian designation give the standby guardian up to 60 days of authority after a triggering event, such as a parent's incapacity or death, before a petition for court approval must be filed or the authority lapses.
3
A defined family member, meaning a grandparent, aunt, uncle, or adult sibling, may separately obtain court-ordered temporary guardianship while a custodial parent is in drug or alcohol treatment, for 90 days from the order, renewable in 90-day increments up to a 365-day total cap.
4
The petition must state the parents' names and addresses and whether they consent, with any written consent attached as an exhibit. A minor 14 years of age or older must appear in court at the hearing, and a person nominated by a minor over 14 gets preference as guardian if the court finds that person qualified and suitable.
5
Pennsylvania's Title 20 minor-guardianship chapter imposes no mandatory background check, court investigation, or training course for a proposed guardian. A guardian ad litem to represent a minor's interest in an estate is not required unless the court considers the appointment advisable.
6
Bond is required only for a guardian of the minor's estate, not of the person, in an amount the court considers necessary given the value of the estate; the court may dispense with it for cause. A parent may not serve as sole guardian of the minor's estate, though a parent may be a co-guardian with another fiduciary.
7
Guardianship does not terminate a parent's parental rights and is not adoption. It ends when the minor reaches 18, and an estate guardian may be removed for cause; a designator may revoke a standby designation, and the court terminates a drug- and alcohol-treatment temporary guardianship when the custodial parent shows its basis no longer exists or the parties agree.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

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IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

IN RE: GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

NO. [DOCKET NUMBER]

PETITION FOR APPOINTMENT OF A GUARDIAN OF THE [PERSON, ESTATE, OR PERSON AND ESTATE] OF A MINOR

TO THE HONORABLE JUDGES OF SAID COURT:

PETITIONER Petitioner, [PETITIONER'S FULL NAME], residing at [PETITIONER'S ADDRESS], respectfully petitions this court for appointment as guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor named below. Petitioner's relationship to the minor is [RELATIONSHIP TO CHILD].
THE MINOR Name: [CHILD'S FULL NAME] Date of birth: [CHILD'S DATE OF BIRTH] Current residence: [CHILD'S CURRENT ADDRESS]
PARENTS Mother: [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Father: [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Consent status: [CONSENT STATUS OF EACH PARENT: CONSENTS, OBJECTS, HAS NOT RESPONDED, OR WHEREABOUTS UNKNOWN]. [WRITTEN CONSENT OF A PARENT ATTACHED AS EXHIBIT A, OR NO WRITTEN CONSENT ATTACHED].
WHY GUARDIANSHIP IS NEEDED Appointment of a guardian is necessary because [FACTS SHOWING WHY THE PARENTS CANNOT CURRENTLY CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED].
MINOR'S APPEARANCE AND PREFERENCE The minor is [14 YEARS OF AGE OR OLDER AND WILL APPEAR IN COURT AT THE HEARING AS REQUIRED BY 231 PA. CODE RULE 5.6(c), OR UNDER 14 YEARS OF AGE]. The minor's nomination of a guardian, if any, is: [DESCRIPTION OF THE MINOR'S NOMINATION, OR NONE].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old, resides at the address above, and is able to provide for the minor's health, education, and support because [FACTS SHOWING PETITIONER'S QUALIFICATIONS].
THE MINOR'S PROPERTY [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, OR A STATEMENT THAT THE MINOR OWNS NO PROPERTY REQUIRING A GUARDIAN OF THE ESTATE].
BOND [BOND REQUEST: NO BOND, BECAUSE THIS PETITION SEEKS GUARDIANSHIP OF THE PERSON ONLY UNDER 20 PA.C.S. SECTION 5121; BOND IN AN AMOUNT THE COURT CONSIDERS NECESSARY UNDER SECTION 5121, HAVING REGARD TO THE VALUE OF THE MINOR'S PERSONAL ESTATE; OR A REQUEST THAT THE COURT DISPENSE WITH BOND FOR CAUSE UNDER SECTION 5122].
RELIEF REQUESTED Petitioner asks the court to: a. Appoint Petitioner guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor; b. Set bond as stated above, or dispense with it for cause; and c. Grant such other relief as the court deems proper.

VERIFICATION

I, [PETITIONER'S FULL NAME], verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY], Pennsylvania.

[SIGNATURE] [PETITIONER'S FULL NAME] [PETITIONER'S ADDRESS] [PHONE] [EMAIL]

Pennsylvania Requirements for Guardianship of a Minor Petition

Orphans' Court Petition, No Statewide Mandatory Initial Form
A Pennsylvania guardianship of a minor is a Petition for Appointment of a Guardian of the Estate or of the Person of a Minor, filed in the Orphans' Court Division of the Court of Common Pleas for the county where the child resides. Content is set by 231 Pa. Code Rule 5.6, but no statewide mandatory initial petition form exists; some counties publish their own local petition templates.
Standby Guardian Designation Gives 60 Days Before Court Filing
Under 23 Pa.C.S. Section 5613(b), a signed standby guardian designation gives the standby guardian up to 60 days of temporary legal authority after a triggering event, such as a parent's incapacity or death, before a petition for court approval must be filed or the authority lapses.
Drug and Alcohol Temporary Guardianship Capped at a Total Duration
Under 23 Pa.C.S. Section 5624, a defined family member, meaning a grandparent, aunt, uncle, or adult sibling, may obtain court-ordered temporary guardianship while a custodial parent is in drug or alcohol treatment, limited to 90 days from the order and renewable in 90-day increments up to a 365-day total cap.
Parental Consent Disclosure and Minor's Appearance Required
The petition must state the parents' names, addresses, and whether they consent, with any written consent attached as an exhibit. A minor 14 years of age or older must appear in court at the hearing, and a person nominated by a minor over 14 gets preference as guardian if the court finds that person qualified and suitable (231 Pa. Code Rule 5.6; 20 Pa.C.S. Section 5113).
No Mandatory Background Check or Training Requirement
Pennsylvania's Title 20 minor-guardianship chapter imposes no statewide mandatory background check, court investigation, or training course for a proposed guardian, and a guardian ad litem to represent a minor's interest in an estate is not required unless the court considers the appointment advisable (20 Pa.C.S. Section 5165).
Bond Required for a Guardian of the Estate Only
A bond is required only for a guardian of the minor's estate, in an amount the court considers necessary given the value of the estate; the court may dispense with it for cause. No bond is required for a guardian of the person, and a parent may not serve as sole guardian of the estate (20 Pa.C.S. Sections 5112(3), 5121, 5122).
Guardianship Does Not Terminate Parental Rights
A Pennsylvania guardianship does not terminate a parent's parental rights and is not adoption. It ends when the minor reaches 18, and a designator may revoke a standby designation, while the court terminates a drug- and alcohol-treatment temporary guardianship when the custodial parent shows its basis no longer exists or the parties agree.
Standby Guardian Designation as an Out-of-Court Alternative
A custodial parent, legal custodian, or legal guardian may sign a standby guardian designation under 23 Pa.C.S. Section 5611, a written, witnessed document that takes effect on a stated triggering event and gives the standby guardian up to 60 days of authority before a court petition must be filed.

Find out where you stand in Pennsylvania

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Pennsylvania Requirements for Guardianship of a Minor Petition

Orphans' Court Petition, No Statewide Mandatory Initial Form

Standby Guardian Designation Gives 60 Days Before Court Filing

Drug and Alcohol Temporary Guardianship Capped at a Total Duration

Parental Consent Disclosure and Minor's Appearance Required

No Mandatory Background Check or Training Requirement

Bond Required for a Guardian of the Estate Only

Guardianship Does Not Terminate Parental Rights

Standby Guardian Designation as an Out-of-Court Alternative

Frequently Asked Questions