The Short Answer

In Pennsylvania, if your parent is under a court-appointed guardianship, you generally cannot sell their share of a co-owned property without court involvement. Legal title typically remains in your parent’s name, and the guardian’s authority to sell real estate usually depends on what the Orphans’ Court has authorized in the guardianship case.

What Pennsylvania Law Says

When a person is adjudicated incapacitated, Pennsylvania law generally keeps legal title to the person’s real estate in the incapacitated person’s name, but makes it subject to the guardian’s powers and the court’s orders. That means a deed signed without the right authority can create a title problem, delay closing, or expose the parties to litigation.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 302.

This statute establishes that an incapacitated person’s legal title to real estate remains in the incapacitated person, subject to the guardian’s powers and to court orders—so a sale typically must be structured around the guardianship court’s authority.

Depending on how the property is titled (for example, tenants in common vs. joint tenancy with right of survivorship), and whether all co-owners agree, the “path” to a sale can look very different. If the other co-owner(s) will not cooperate, a separate court action (often a partition case) may be needed to force a sale—guardianship issues can complicate that further. For more background on disputes between co-owners, see what happens when co-owners can’t agree in a Pennsylvania partition case.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Court authority and scope of guardianship: Whether the guardian was appointed over the estate (finances/property), what powers the court order grants, and whether a separate order is needed to approve a real estate sale.
• Title and co-ownership issues: The deed language (tenants in common vs. survivorship), liens/mortgages, and whether all owners can sign—these determine whether you can do a voluntary sale or need litigation.
• Best-interests and notice concerns: Courts scrutinize whether the transaction protects the incapacitated person (sale price, terms, conflicts of interest, and who must receive notice), and a misstep can derail the sale or create future challenges.

Trying to handle this without counsel can lead to a rejected deed, a delayed closing, or a court challenge—especially if family members disagree or the property is not being sold on clearly fair terms.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.