Legal Question in Wills and Trusts in Pennsylvania
In Pennsylvania, can the guardian of the person be the same as the guardian of the trust?
1 Answer from Attorneys
There is a guardian of the person and a guardian of the estate. Guardian of the person makes health care and other personal decisions, like feeding and clothing, for the ward, be it a minor child or an incapacitated adult.
A guardian of the estate manages the minor child's or incapacitated adult's money or other property and pays the bills.
A trustee is appointed in either a living trust or a testatmentary trust (the latter is in a will). The trustee can manage the money for a person.
If there are minor children involved, a will may appoint a guardian for the children in case the parents die. The guardian for any minors may or may not be the same person as the trustee. Each case depends on its own circumstances. Generally, if the same person is trustworthy to handle money and raise the children, they can be the same. Whoever is trustee should be good with finances and whoever is guardian should be good at child raising or caring for others.