(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.
Rule 2031.Selection and Appointment of Guardians.
Adopted February 14, 1939 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 2031 lets a minor plaintiff select a guardian and governs the court's appointment and its power to remove a guardian for cause.
Full Text of Rule 2031
(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 appoint- ment 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.
Plain-English Summary
This rule governs who serves as a minor's guardian in litigation. A minor plaintiff may select a guardian, but the selection does not bar the court from removing the guardian for cause, and the rule provides for the court's appointment of a guardian where needed. The court keeps oversight to ensure the guardian truly serves the child's interest.
Frequently Asked Questions
Who chooses a minor's litigation guardian?
A minor plaintiff may select one, subject to the court's power to appoint or remove a guardian for cause.
Amendment History
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).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: select guardian minorappoint guardian minorguardian appointment lawsuit