Guardianships in Pennsylvania - Revision history

Josephdebarberie: /* Underwriting */

2025-03-25T16:44:58Z

‎Underwriting

Josephdebarberie: /* Parents as "natural guardians" */

2025-03-25T16:39:55Z

‎Parents as "natural guardians"

Josephdebarberie: /* Custodians of Minors' Property */

2025-03-25T16:37:42Z

‎Custodians of Minors' Property

Josephdebarberie: /* Parents as "natural guardians" */

2025-03-20T19:46:57Z

‎Parents as "natural guardians"

Josephdebarberie: /* Parents as "natural guardians" */

2025-03-20T19:46:27Z

‎Parents as "natural guardians"

Josephdebarberie at 19:41, 20 March 2025

2025-03-20T19:41:03Z

Josephdebarberie: /* Custodians of Minors' Property */

2025-03-20T19:22:27Z

‎Custodians of Minors' Property

Josephdebarberie: /* Custodians of Minors' Property */

2025-03-20T19:19:08Z

‎Custodians of Minors' Property

Josephdebarberie: /* Custodians of Minors' Property */

2025-03-20T19:14:38Z

‎Custodians of Minors' Property

Josephdebarberie: /* Custodians of Minors' Property */

2025-03-20T19:09:15Z

‎Custodians of Minors' Property

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 =Underwriting=
 =Custodians of Minors' Property=
 ==Uniform Transfers to Minors Act==

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 ==Parents as "natural guardians"==
-Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests:<br>
+Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests, unless a Court has appointed them guardian of the child's estate or otherwise authorized the conveyance:<br>
 <br>
 "The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted).<br>

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 =Underwriting=
 =Custodians of Minors' Property=
 ==Parents as "natural guardians"==

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 ==Parents as "natural guardians"==
-Parents '''do not''' have inherent authority over their children's property:<br>
+Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests:<br>
 <br>
 "The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted).<br>

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 '''§ 5102.'''  Power of natural guardian.<br>
 <br>
-'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.'''
+'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.'''<br>

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 "Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303.<br>
 <br>
-"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." Santiago v. Philly Trampoline Park, LLC, 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted).
+"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending]

← Older revision		Revision as of 19:09, 20 March 2025
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	=Underwriting=		=Underwriting=
	=Custodians of Minors' Property=		=Custodians of Minors' Property=
		+
		+	Parents '''do not''' have inherent authority over their children's property:<br>
		+	<br>
		+	"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted).