Rule 5.6. Appointment of a Guardian for the Estate or Person of a Minor.
(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.
Explanatory Comment
In a change from former Rule 12.5, Rule 5.6 requires separate petitions for each minor even if the same person is proposed as the guardian of the estates or persons of several minors. Separate Accounts must be filed for the estate of each minor. See Rule 2.3. Additionally, petitioner must attach a copy of any known written instrument that appoints a guardian to receive property or proceeds on behalf of a minor. See 20 Pa.C.S. § 5115. As used in (a)(5) and (a)(12) of this Rule, ‘‘property’’ includes cash and cash proceeds.
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