The Short Answer

Yes—under Pennsylvania law, the same individual can often serve as both guardian of the person and guardian of the estate, but being guardian of the person alone typically does not give authority to sell or sign for the incapacitated person’s real estate interests (including a life estate). To sell property involving an incapacitated life tenant, you generally need a properly appointed guardian of the estate and a court order authorizing the transaction.

What Pennsylvania Law Says

In Pennsylvania, an incapacitated person generally keeps legal title to their property, but the court can empower a guardian (and supervise transactions) to protect the incapacitated person’s interests. When real estate is being sold and an incapacitated person’s interest must be conveyed (such as a life estate), the Orphans’ Court’s authority and the guardian’s authority must line up correctly—otherwise the deed and sale can be challenged.

The Statute

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

This statute establishes that an incapacitated person retains legal title to their real and personal property, but that title is subject to the powers granted to a guardian and to orders of the court—meaning the guardian’s authority to act (especially for real estate) must come from the court’s appointment and orders.

Why You Should Speak with an Attorney

While the statute provides the general framework, applying it to a life estate sale is rarely simple. Legal outcomes often depend on:

• Strict Court Authority for Real Estate: Even with a guardian of the estate, selling or conveying an incapacitated person’s real property interest commonly requires specific court authorization. If the wrong fiduciary signs—or the order is too narrow—title companies and buyers may refuse to close, or the sale may be attacked later.
• Burden of Proof / “Best Interests” Showing: The court typically expects a clear record that the transaction is in the incapacitated person’s best interests (and consistent with their rights as a life tenant), which often requires careful presentation of facts and valuation issues.
• Exceptions and Competing Interests: A life estate involves at least two sets of interests (life tenant and remaindermen). Allocating sale proceeds, protecting the incapacitated person’s rights, and addressing objections from family members can require additional court relief and tailored orders.

Trying to handle this without counsel can lead to delays, rejected deeds, disputes with remaindermen, or a transaction that fails to protect the incapacitated person—creating personal liability risk for the guardian.

If you want more background on related issues, you may find these helpful: selling a co-owned home when a parent is under guardianship and petitioning the Orphans’ Court to authorize a property sale.

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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.