If the guardian has given the bond, if any, required in accordance with this title, any sale, pledge, mortgage, or exchange by him, whether pursuant to a decree or to a power under this title, shall pass the full title of the minor therein, free of any right of his spouse, unless otherwise specified. Persons dealing with the guardian shall have no obligation to see to the proper application of the cash or other assets given in exchange for the property of the minor. Any sale or exchange by a guardian pursuant to a decree under section 5155 (relating to order of court) shall have the effect of a judicial sale as to the discharge of liens, but the court may decree a sale or exchange freed and discharged from the lien of any mortgage otherwise preserved from discharge by existing law, if the holder of such mortgage shall consent by writing filed in the proceeding. No such sale, mortgage, exchange, or conveyance shall be prejudiced by the subsequent dismissal of the guardian, nor shall any such sale, mortgage, exchange, or conveyance by a testamentary guardian be prejudiced by the terms of any will or codicil thereafter probated, if the person dealing with the guardian did so in good faith.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
Cross References. Section 5154 is referred to in section 5521 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Section 5101 - When guardian unnecessary
Section 5102 - Power of natural guardian
Section 5103 - Sequestered deposit
Section 5111 - County of appointment
Section 5112 - Persons not qualified to be appointed by the court
Section 5113 - Persons preferred in appointment
Section 5114 - Service of process on nonresident guardian (Repealed)
Section 5115 - Appointment of guardian in conveyance
Section 5121 - Necessity, form and amount
Section 5122 - When bond not required
Section 5123 - Requiring or changing amount of bond
Section 5131 - Grounds and procedure
Section 5141 - Possession of real and personal property
Section 5143 - Abandonment of property
Section 5144 - Powers, duties and liabilities identical with personal representatives
Section 5146 - Guardian named in conveyance
Section 5147 - Proceedings against guardian
Section 5151 - Power to sell personal property
Section 5153 - Provisions identical to other estates
Section 5154 - Title of purchaser
Section 5161 - When accounting filed
Section 5162 - Where accounts filed
Section 5163 - Notice, audits, reviews and distribution
Section 5163.1 - Distribution to personal representative (Repealed)
Section 5164 - Distributions for support and education