Legal Opinion

In Re Sylvester

Superior Court of Pennsylvania

Decided October 23, 1991No. 231PublishedCited by 12 opinions

1Opinion of the Court

HESTER, Judge:

This appeal involves the propriety of guardianship proceedings conducted in the Orphans’ Court Division of the Court of Common Pleas of Delaware County. We conclude that the orphans’ court erred by ignoring the dictates of 20 Pa.C.S. § 5604(c)(2), which provides that a principal executing a power of attorney may nominate the guardian of his estate and that the court “shall” appoint the person so nominated as guardian of the estate except for “good cause or disqualification.” Accordingly, we reverse the October 30, 1990 decree appointing Joseph E. Lastowka, Jr., Esquire, guardian…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. In Re the Estate of McKinleySupreme Court of Pennsylvania · 1975
  2. Coulter EstateSupreme Court of Pennsylvania · 1962
  3. In Re Estate of DoroneSupreme Court of Pennsylvania · 1987
  4. In Re Appointment of a Guardian of the Person for KaticSuperior Court of Pennsylvania · 1982

3Cited by12 opinions

  1. In Re Conservatorship of ClaytonCourt of Appeals of Tennessee · 1995
  2. In Re DuranSuperior Court of Pennsylvania · 2001
  3. Knight v. Milwaukee CountyWisconsin Supreme Court · 2002
  4. Guardianship of SmithMassachusetts Appeals Court · 1997
  5. Yates v. RathbunCourt of Civil Appeals of Alabama · 2007

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