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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5146 - Guardian named in conveyance

§ 5146. Guardian named in conveyance.
(a) In general.--
The powers, duties and liabilities of a guardian not appointed by the court as to property of the minor to which his appointment lawfully extends shall be the same as the powers, duties and liabilities of a court appointed guardian, except as the instrument making the appointment shall provide otherwise.
(b) Substituted or succeeding guardian.--
A substituted or succeeding guardian, except as otherwise provided by the instrument, if any, appointing the original guardian, in addition to the powers of a guardian appointed by the court, shall have all the powers, duties and liabilities of the original guardian. He shall have the power to recover the assets of the minor from his predecessor in administration or from the fiduciary of such predecessor and, except as otherwise provided in an applicable instrument, shall stand in the predecessor's stead for all purposes, except that he shall not be personally liable for the acts of his predecessor.
(c) Effect of removal, or of probate of later will or codicil.--
No act of administration performed by a testamentary guardian in good faith shall be impeached by the subsequent revocation of the probate of the will from which he derives his authority, or by the subsequent probate of a later will or of a codicil, or by the subsequent dismissal of the guardian: Provided, That regardless of the good or bad faith of the testamentary guardian, no person who deals in good faith with a testamentary guardian shall be prejudiced by the subsequent occurrence of any of these contingencies.
Cross References.
Section 5146 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5147 - Proceedings against guardian

§ 5147. Proceedings against guardian.
Any proceeding may be brought against a guardian or the surety on his bond in the court having jurisdiction of the estate, and if he does not reside in the county, process may be served on him personally, or as follows:
(1) When resident of another county.--
By a duly deputized sheriff of any other county of the Commonwealth in which he shall be found.
(2) When a nonresident of the Commonwealth.--
By the sheriff of the county of the court having jurisdiction of the estate.
(Feb. 18, 1982, P.L.45, No.26, eff. imd.)
1982 Amendment.
Act 26 amended par. (2).
Cross References.
Section 5147 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5151 - Power to sell personal property

§ 5151. Power to sell personal property.
A guardian appointed by the court may sell, at public or private sale, any personal property of the minor.
Cross References.
Section 5151 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5152 - Power to lease

§ 5152. Power to lease.
A guardian appointed by the court may lease any real or personal property of the minor. Unless a longer term is approved by the court, the lease shall not extend beyond the date when the minor, if living, will attain his majority, nor for more than five years after the date it is executed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5153 - Provisions identical to other estates

§ 5153. Provisions identical to other estates.
The provisions concerning guardians and minors' estates shall be the same as those set forth in the following provisions of this title for personal representatives and for the administration of decedents' estates:
Section 3355 (relating to restraint of sale).
Section 3356 (relating to purchase by personal representative).
Section 3358 (relating to collateral attack).
Section 3359 (relating to record of proceedings; county where real estate lies).
Section 3360 (relating to contracts, inadequacy of consideration or better offer; brokers' commissions).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982, P.L.45, No.26, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5154 - Title of purchaser

§ 5154. Title of purchaser.
If the guardian has given the bond, if any, required in accordance with this title, any sale, pledge, mortgage, or exchange by him, whether pursuant to a decree or to a power under this title, shall pass the full title of the minor therein, free of any right of his spouse, unless otherwise specified. Persons dealing with the guardian shall have no obligation to see to the proper application of the cash or other assets given in exchange for the property of the minor. Any sale or exchange by a guardian pursuant to a decree under section 5155 (relating to order of court) shall have the effect of a judicial sale as to the discharge of liens, but the court may decree a sale or exchange freed and discharged from the lien of any mortgage otherwise preserved from discharge by existing law, if the holder of such mortgage shall consent by writing filed in the proceeding. No such sale, mortgage, exchange, or conveyance shall be prejudiced by the subsequent dismissal of the guardian, nor shall any such sale, mortgage, exchange, or conveyance by a testamentary guardian be prejudiced by the terms of any will or codicil thereafter probated, if the person dealing with the guardian did so in good faith.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
Cross References.
Section 5154 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5155 - Order of court

§ 5155. Order of court.
Whenever the court finds it to be for the best interests of the minor, a guardian may, for any purpose of administration or distribution, and on the terms, with the security and after the notice directed by the court:
(1) sell at public or private sale, pledge, mortgage, lease or exchange any real or personal property of the minor;
(2) grant an option for the sale, lease or exchange of any such property;
(3) join with the spouse of the minor in the performance of any of the foregoing acts with respect to property held by the entireties; or
(4) release the right of the minor in the property of his spouse and join in the deed of the spouse in behalf of the minor.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment.
Act 293 added section 5155.
Cross References.
Section 5155 is referred to in sections 5154, 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5161 - When accounting filed

§ 5161. When accounting filed.
A guardian shall file an account of his administration whenever directed to do so by the court or may file an account at the termination of the guardianship, or at any other time or times authorized by the court.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5163 - Notice, audits, reviews and distribution

§ 5163. Notice, audits, reviews and distribution.
The provisions concerning accounts, audits, reviews, distribution and rights of distributees in a minor's estate shall be the same as those set forth in the following provisions of this title for the administration of a decedent's estate:
Section 3503 (relating to notice to parties in interest).
Section 3504 (relating to representation of parties in interest).
Section 3511 (relating to audits in counties having separate orphans' court division).
Section 3512 (relating to audits in counties having no separate orphans' court division).
Section 3513 (relating to statement of proposed distribution).
Section 3514 (relating to confirmation of account and approval of proposed distribution).
Section 3521 (relating to rehearing; relief granted).
Section 3532(c) (relating to record of risk distributions).
Section 3533 (relating to award upon final confirmation of account).
Section 3534 (relating to distribution in kind).
Section 3536 (relating to recording and registering decrees awarding real estate).
Section 3544 (relating to liability of personal representative for interest).
Section 3545 (relating to transcripts of balances due by personal representative).
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
References in Text.
Section 3504, referred to in this section, is repealed. The subject matter is now contained in section 751(6).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5163.1 - Distribution to personal representative (Repealed)

§ 5163.1. Distribution to personal representative (Repealed).
1984 Repeal.
Section 5163.1 was repealed October 12, 1984, P.L.929, No.182, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5164 - Distributions for support and education

§ 5164. Distributions for support and education.
All income received by a guardian of the estate of a minor, including, subject to the requirements of Federal law relating thereto, all funds received from the Department of Veterans' Affairs, Social Security Administration and other periodic retirement or disability payments under private or government plans, in the exercise of a reasonable discretion, may be expended in the care, maintenance and education of the minor without the necessity of court approval. The court, for cause shown and with only such notice as it considers appropriate in the circumstances, may authorize or direct the payment or application of any or all of the income or principal of the estate of a minor for the care, maintenance or education of the minor, his spouse or children, or for the reasonable funeral expenses of the minor's spouse, child or indigent parent. In proper cases, the court may order payment of amounts directly to the ward for his maintenance or for incidental expenses and may ratify payments made for these purposes. For purposes of this section, the term "income" means income as determined in accordance with the rules set forth in Chapter 81 (relating to principal and income), other than the power to adjust and the power to convert to a unitrust.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; May 16, 2002, P.L.330, No.50, eff. 60 days)
2002 Amendment.
See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5165 - Notice to guardian or guardian ad litem

§ 5165. Notice to guardian or guardian ad litem.
The guardian of the estate of a minor shall be given notice of proceedings affecting the interest of his ward in any property to which his appointment extends, in the same manner as is provided for notice to persons of full age having similar interests. If the minor has no guardian authorized to act for him in respect to the interest involved, the court in which the proceedings are pending, upon petition or on its own motion, may appoint a guardian ad litem for the minor, to whom the required notice can be given. Nothing herein shall be construed to require the appointment of a guardian ad litem to represent the interest of a minor in an estate unless the court, upon petition or on its own motion, shall consider such appointment to be advisable. The court may dispense with the appointment of a guardian ad litem when there is a living person sui juris having a similar interest, or where the minor is issue of a living ancestor sui juris interested in the estate whose interest is not adverse to that of the minor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5166 - Death of minor

§ 5166. Death of minor.
Upon the audit of the account of the guardian of a person who has died during minority, the auditing judge or auditor passing on the account, in his discretion, may award distribution to those entitled to receive the minor's property, unless the estate is, or is likely to be, involved in litigation making it advisable to distribute the balance to a personal representative of the minor's estate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5167 - Failure to present claim at audit

§ 5167. Failure to present claim at audit.
(a) In general.--
Any person who at the audit of a guardian's account has a claim which arose out of the administration of the estate of a minor or arises out of the distribution of a minor's estate or upon an accounting of the guardian of the estate of a minor, whether the minor is still a minor or has attained his majority, and which is not reported to the court as an admitted claim, and who shall fail to present his claim at the call for audit or confirmation, shall be forever barred, against:
(1) any property of the minor distributed pursuant to such audit or confirmation;
(2) the minor, if then of full age; and
(3) except as otherwise provided in section 3521 (relating to rehearing; relief granted), any property of the minor awarded back to a continuing or succeeding guardian pursuant to such audit or confirmation.
(b) Effect on lien or charge.--
Nothing in subsection (a) of this section shall be construed as impairing any lien or charge on real or personal estate of the minor existing at the time of audit.
Cross References.
Section 5167 is referred to in section 5533 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Extra - Chapter Notes

Enactment.
Chapter 53 was added Dec. 16, 1992, P.L.1163, No.152, effective immediately.
Prior Provisions.
Former Chapter 53, which related to Pennsylvania Uniform Gifts to Minors Act, was
            added June 30, 1972, P.L.508, No.164, and repealed December 16, 1992, P.L.1163, No.152,
            effective immediately.
Cross References.
Chapter 53 is referred to in sections 5601.4, 7201, 7780.6 of this title; section 4304.1 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5302 - Scope and jurisdiction

§ 5302. Scope and jurisdiction.
(a) Application of chapter.--
This chapter applies to a transfer that refers to this chapter in the designation under section 5309(a) (relating to manner of creating custodial property and effecting transfer) by which the transfer is made if, at the time of the transfer, the transferor, the minor or the custodian is a resident of this Commonwealth or the custodial property is located in this Commonwealth. The custodianship created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor or the custodian or the removal of custodial property from this Commonwealth.
(b) Jurisdiction over custodian.--
A person designated as custodian under this chapter is subject to personal jurisdiction in this Commonwealth with respect to any matter relating to the custodianship.
(c) Laws of other states.--
A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this Commonwealth if, at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
1992 Amendment.
See section 26(a) of Act 152 of 1992 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5303 - Nomination of custodian

§ 5303. Nomination of custodian.
(a) General rule.--
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, trust or deed or in an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights and registered with or delivered to the payor, issuer or other obligor of the contractual rights.
(b) Qualification of custodian.--
A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 5309(a) (relating to manner of creating custodial property and effecting transfer).
(c) When effective.--
The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 5309. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to section 5309.
Cross References.
Section 5303 is referred to in sections 5305, 5307, 5311, 5318, 5320, 5321 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5304 - Transfer by gift or exercise of power of appointment

§ 5304. Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer).
Cross References.
Section 5304 is referred to in sections 5315, 5318, 5320, 5321 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5305 - Transfer authorized by will or trust

§ 5305. Transfer authorized by will or trust.
(a) General rule.--
A personal representative or trustee may make an irrevocable transfer pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) Transfer to custodian.--
If the testator or settlor has nominated a custodian under section 5303 (relating to nomination of custodian) to receive the custodial property, the transfer must be made to that person.
(c) Designation of custodian.--
If the testator or settlor has not nominated a custodian under section 5303 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 5309(a).
Cross References.
Section 5305 is referred to in sections 5307, 5320, 5321 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5306 - Other transfer by fiduciary

§ 5306. Other transfer by fiduciary.
(a) Irrevocable transfer by personal representative or trustee.--
Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Irrevocable transfer by guardian.--
Subject to subsection (c), a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 5309.
(c) Additional requirements for transfer.--
A transfer under subsection (a) or (b) may be made only if:
(1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor;
(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
(3) the transfer is authorized by the court if it exceeds $25,000 in value.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
Act 39 amended subsec. (c). See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5306 is referred to in sections 5307, 5320 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5307 - Transfer by obligor

§ 5307. Transfer by obligor.
(a) Irrevocable transfer for benefit of minor.--
Subject to subsections (b) and (c), a person not subject to section 5305 (relating to transfer authorized by will or trust) or 5306 (relating to other transfer by fiduciary) who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer).
(b) Transfer to custodian.--
If a person having the right to do so under section 5303 (relating to nomination of custodian) has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) Transfer to minor's family or trust company.--
If no custodian has been nominated under section 5303 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.
Cross References.
Section 5307 is referred to in section 5320 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5308 - Receipt for custodial property

§ 5308. Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5310 - Single custodianship

§ 5310. Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5311 - Validity and effect of transfer

§ 5311. Validity and effect of transfer.
(a) Validity of transfer.--
The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) failure of the transferor to comply with section 5309(c) (relating to manner of creating custodial property and effecting transfer) concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 5309(a); or
(3) death or incapacity of a person nominated under section 5303 (relating to nomination of custodian) or designated under section 5309 as custodian or the disclaimer of the office by that person.
(b) Irrevocability of transfer.--
A transfer made pursuant to section 5309 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
(c) Incorporation of provisions of this chapter.--
By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian and to any third person dealing with a person designated as custodian the respective powers, rights and immunities provided in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5312 - Care of custodial property

§ 5312. Care of custodial property.
(a) Duties of custodian.--
A custodian shall:
(1) Take control of custodial property.
(2) Register or record title to custodial property if appropriate.
(3) Collect, hold, manage, invest and reinvest custodial property.
(b) Standard of care.--
In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) Life insurance and endowment policies.--
A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian is the irrevocable beneficiary.
(d) Segregation of custodial property.--
A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered or held in an account designated in the name of the custodian, followed in substance by the words: "as a custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."
(e) Records.--
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained 14 years of age.
Cross References.
Section 5312 is referred to in section 5313 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5313 - Powers of custodian

§ 5313. Powers of custodian.
(a) General rule.--
A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.
(b) Liability for breach of standard of care.--
This section does not relieve a custodian from liability for breach of section 5312 (relating to care of custodial property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5314 - Use of custodial property

§ 5314. Use of custodial property.
(a) Without court order.--
A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) the duty or ability of the custodian personally or of any other person to support the minor; or
(2) any other income or property of the minor which may be applicable or available for that purpose.
(b) With court order.--
On petition of an interested person or the minor if the minor has attained 14 years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) Obligation of support not affected.--
A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5315 - Expenses, compensation and bond of custodian

§ 5315. Expenses, compensation and bond of custodian.
(a) Expenses.--
A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Compensation.--
Except for one who is a transferor under section 5304 (relating to transfer by gift or exercise of power of appointment), a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Bond.--
Except as provided in section 5318(f) (relating to renunciation, resignation, death or removal of custodian), a custodian need not give a bond.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5316 - Exemption of third person from liability

§ 5316. Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) the validity of the purported custodian's designation;
(2) the propriety of or the authority under this chapter for any act of the purported custodian;
(3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5317 - Liability to third persons

§ 5317. Liability to third persons.
(a) Claim against custodial property.--
Any claim based on the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable:
(1) A contract entered into by a custodian acting in a custodial capacity.
(2) An obligation arising from the ownership or control of custodial property.
(3) A tort committed during the custodianship.
(b) Limitation on custodian's liability.--
A custodian is not personally liable:
(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) Limitation on minor's personal liability.--
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Cross References.
Section 5317 is referred to in section 5319 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5319 - Accounting by and determination of liability of custodian.

§ 5319. Accounting by and determination of liability of custodian.
(a) Petition.--
A minor who has attained 14 years of age, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court for:
(1) an accounting by the custodian or the custodian's legal representative; or
(2) a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 5317 (relating to liability to third persons) to which the minor or the minor's legal representative was a party.
(b) Petition by successor custodian for accounting by predecessor.--
A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) Court order to account.--
The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) Court order when custodian removed.--
If a custodian is removed under section 5318(f) (relating to removal for cause), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 53 - Pennsylvania Uniform Transfers to Minors Act › Section 5320 - Termination of custodianship

§ 5320. Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or the minor's estate upon the earlier of:
(1) the minor's attainment of 21 years of age with respect to custodial property transferred by gift under section 5304 (relating to transfer by gift or exercise of power of appointment);
(2) the minor's attainment of 21 years of age with respect to a custodian nominated under section 5303 (relating to nomination of custodian) or with respect to custodial property transferred by exercise of power of appointment under section 5304 or by will or trust under section 5305 (relating to transfer authorized by will or trust), unless the time of transfer of the custodial property to the minor is delayed under section 5321 (relating to delay in transfer of custodial property after minor attains age 21) to a time after the minor attains 21 years of age;
(3) the time specified in the transfer pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) if the time of transfer of the custodial property to the minor is delayed under section 5321 to a time after the time the minor attains 21 years of age;
(4) the minor's attainment of majority under the laws of this Commonwealth other than this chapter with respect to custodial property transferred under section 5306 (relating to other transfer by fiduciary) or 5307 (relating to transfer by obligor); or
(5) the minor's death.
(May 16, 2002, P.L.330, No.50, eff. 60 days)
2002 Amendment.
See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5320 is referred to in sections 5301, 5321 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Extra - Chapter Notes

Enactment.
Chapter 54 was added November 29, 2006, P.L.1484, No.169, effective in 60 days.
Prior Provisions.
Former Chapter 54, which related to advance directive for health care, was added April
            16, 1992, P.L.108, No.24, and deleted by amendment November 29, 2006, P.L.1484, No.169,
            effective in 60 days.
Cross References.
Chapter 54 is referred to in section 2713 of Title 18 (Crimes and Offenses).
Cross References.
Subchapter B is referred to in section 5433 of this title.
Cross References.
Subchapter C is referred to in sections 711, 5433, 8601 of this title; section 2713
            of Title 18 (Crimes and Offenses).
Cross References.
Subchapter D is referred to in sections 5433, 5447, 5465 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5421 - Applicability

§ 5421. Applicability.
(a) General rule.--
This chapter applies to advance health care directives and out-of-hospital nonresuscitation orders.
(b) Preservation of existing rights.--
The provisions of this chapter shall not impair or supersede any existing rights or responsibilities not addressed in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5423 - Legislative findings and intent

§ 5423. Legislative findings and intent.
(a) Intent.--
This chapter provides a statutory means for competent adults to control their health care through instructions written in advance or by health care agents or health care representatives and requested orders. Nothing in this chapter is intended to:
(1) affect or supersede the holdings of In re Fiori 543 Pa. 592, 673 A.2d 905 (1996);
(2) condone, authorize or approve mercy killing, euthanasia or aided suicide; or
(3) permit any affirmative or deliberate act or omission to end life other than as defined in this chapter.
(b) Presumption not created.--
This chapter does not create any presumption regarding the intent of an individual who has not executed an advance health care directive to consent to the use or withholding of life-sustaining treatment in the event of an end-stage medical condition or in the event the individual is permanently unconscious.
(c) Findings in general.--
The General Assembly finds that:
(1) Individuals have a qualified right to make decisions relating to their own health care.
(2) This right is subject to certain interests of society, such as the maintenance of ethical standards in the medical profession and the preservation and protection of human life.
(3) Modern medical technological procedures make possible the prolongation of human life beyond natural limits.
(4) The application of some procedures to an individual suffering a difficult and uncomfortable process of dying may cause loss of dignity and secure only continuation of a precarious and burdensome prolongation of life.
(5) It is in the best interest of individuals under the care of health care providers if health care providers initiate discussions with them regarding living wills and health care powers of attorney during initial consultations, annual examinations, at diagnosis of a chronic illness or when an individual under their care transfers from one health care setting to another so that the individuals under their care may make known their wishes to receive, continue, discontinue or refuse medical treatment in the event that they are diagnosed with an end-stage medical condition or become permanently unconscious.
(6) Health care providers should initiate such discussions, including discussion of out-of-hospital do-not-resuscitate orders, with individuals under their care at the time of determination of an end-stage medical condition and should document such discussion in the individual's medical record.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5424 - Compliance

§ 5424. Compliance.
(a) Notification by attending physician or health care provider.--
If an attending physician or other health care provider cannot in good conscience comply with a living will or health care decision of a health care agent or health care representative or if the policies of a health care provider preclude compliance with a living will or health care decision of a health care agent or health care representative, the attending physician or health care provider shall so inform the principal if the principal is competent or the principal's health care agent or health care representative if the principal is incompetent.
(b) Transfer.--
The attending physician or health care provider under subsection (a) shall make every reasonable effort to assist in the transfer of the principal to another physician or health care provider who will comply with the living will or health care decision of the health care agent or health care representative.
(c) Employee or staff member of health care provider.--
(1) An employee or a staff member of a health care provider may not be required to participate in the withholding or withdrawal of life-sustaining treatment.
(2) A health care provider that is an employer may not discharge or in any other manner discriminate against its employee or staff member as a result of informing the employer of the employee's choice not to participate in the withholding or withdrawal of life-sustaining treatment.
(3) A health care provider that is an employer may require its employee or staff member to express in writing the wishes or unwillingness of the employee or staff member as set forth in this subsection.
(d) Liability.--
If transfer under subsection (b) is impossible, the provision of life-sustaining treatment to a principal may not subject an attending physician or a health care provider to criminal or civil liability or administrative sanction for failure to carry out either the provisions of a living will or a health care decision of a health care agent or health care representative.
Cross References.
Section 5424 is referred to in sections 5431, 5443 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5425 - Conflicting advance health care directives

§ 5425. Conflicting advance health care directives.
If a provision of an advance health care directive conflicts with a provision of another advance health care directive, the provision of the instrument latest in date of execution shall prevail to the extent of the conflict unless the instruments expressly provide otherwise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5426 - Death not suicide or homicide

§ 5426. Death not suicide or homicide.
The withholding or withdrawal of life-sustaining treatment from a principal or patient resulting in death, in accordance with the provisions of this chapter, shall not, for any purpose, constitute suicide or homicide.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5427 - Life insurance

§ 5427. Life insurance.
The making of or failure to make an advance health care directive, to request an order or to designate or disqualify a health care representative in accordance with this chapter shall not affect in any manner the sale, procurement or issuance of a policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured individual, notwithstanding a term of the policy to the contrary.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 54 - Health Care › Section 5428 - Health care instruments optional

§ 5428. Health care instruments optional.
A health care provider, a health care service plan, a health maintenance organization, an insurer issuing disability insurance, a self-insured employee welfare benefit plan, a nonprofit hospital plan and a Federal, State or local government sponsored or operated program may not:
(1) Require an individual to execute an advance health care directive or order or to designate or disqualify a health care representative as a condition for being insured for or receiving health care services.
(2) Charge an individual a different rate or fee whether or not the individual executes or has executed an advance health care directive or order or designated or disqualified a health care representative.