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231 Pa. Code Rule 2031. Selection and Appointment of Guardians.

Rule 2031. Selection and Appointment of Guardians.

 (a)  A minor plaintiff may select a guardian, but such selection shall not bar the court from removing the guardian for cause in accordance with these rules.

 (b)  If a minor party to an action is not represented, the court shall appoint a guardian for the minor either upon its own motion or upon the petition of (1) the minor party, (2) a guardian of the minor appointed by any court of competent jurisdiction, or by a will duly probated, (3) any relative of the minor, or (4) any other party to the action.

 (c)  The petition shall state the name and address of the person proposed as guardian, and the guardian’s relationship, if any, to the subject matter of the action or to any of the parties thereto. In case the person proposed as guardian is a guardian appointed by any court of competent jurisdiction or by a will duly probated, the petition shall contain a reference to the record of such appointment.

 (d)  When the petition is filed by the minor the court may make the appointment ex parte.

 (e)  When the petition is filed by a person other than the minor, the court shall direct a rule to be served upon the minor or upon such other person as the court may designate to show cause why the prayer of the petition should not be granted.


   The provisions of this Rule 2031 adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective May 1, 1999, 29 Pa.B. 2274. Immediately preceding text appears at serial page (220901).

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