§ 2519 — Testamentary guardian

(a) Guardian of the person.--A person competent to make a will, being the sole surviving parent or adopting parent of any unmarried minor child, may appoint a testamentary guardian of the person of such child during his minority, or for any shorter period except that no parent who, for one year or upwards previous to his death, shall have willfully neglected or refused to provide for his child, or who, for a like period, shall have deserted the child or willfully failed to perform parental duties, shall have the right to appoint a testamentary guardian of the person of such child.

(b) Guardian of the estate.--Any person may by will appoint a guardian of real or personal property passing to a minor upon his death, when such property:

(1) Is devised, bequeathed or appointed to the minor in that person's will or descends from that person to the minor by intestacy.

(2) Is the proceeds of an insurance or annuity contract on the testator's life, unless the owner of the contract has made an inter vivos designation of a guardian therefor.

(3) Arises from an inter vivos transfer, the major portion of which constituted a gift from the testator, unless the testator has made an inter vivos designation of a guardian therefor.

(4) Is a cause of action arising by reason of the testator's death.

(5) Is a pension or death benefit from an employer of the testator or a society or organization of which the testator was a member.

(6) Is a tentative trust of which the testator was the settlor.

Legislative History

(Oct. 4, 1978, P.L.909, No.173, eff. 60 days) 1978 Amendment.Act 173 amended subsec. (a). Cross References.Section 2519 is referred to in section 5615 of Title 23 (Domestic Relations).