The Short Answer

In Pennsylvania, a tenants by the entirety deed generally means each spouse owns the whole property together, and when one spouse dies, the surviving spouse typically becomes the sole owner by operation of law (outside of probate). In a guardianship context, that structure can limit what a guardian can do with the property and can help preserve the surviving spouse’s ownership interest—unless a court authorizes a transaction that affects the entireties estate.

What Pennsylvania Law Says

Guardianship does not automatically transfer ownership of an incapacitated person’s property to the guardian. Instead, the incapacitated person keeps legal title, and the guardian’s authority is limited to what Pennsylvania law and the court order allow. That matters with tenants by the entirety property because the incapacitated spouse’s “interest” is intertwined with the other spouse’s rights, and transactions involving the property often require court involvement and careful analysis of the form of title.

The Statute

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

This statute establishes that legal title to an incapacitated person’s real and personal property remains in the incapacitated person, subject to the guardian’s powers and court orders.

In addition, Pennsylvania law specifically gives the court power to authorize transactions involving real estate when one spouse is incapacitated, which can include property held by spouses as tenants by the entirety. See 20 Pa.C.S. § 8301.

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to a tenants by the entirety deed during (or alongside) guardianship proceedings is rarely simple. Legal outcomes often depend on:

• Strict Court Oversight: Even when a spouse is incapacitated, the court may need to authorize any sale, mortgage, lease, or other transaction affecting real property, especially where the title is held jointly as a marital estate. (See 20 Pa.C.S. § 8301.)
• Burden of Proof: Guardianship cases require evidence-based findings about incapacity and whether less restrictive alternatives exist, which can impact how aggressively a guardian can seek control over assets tied up in jointly titled property. (See 20 Pa.C.S. § 5512.1.)
• Exceptions and Competing Interests: The surviving spouse’s rights may conflict with creditor claims, family disputes, or petitions to sell property to pay for care. The form of title, the timing of death, and the scope of the guardianship order can all change the result.

Because a misstep can lead to an invalid transaction, delays, or litigation between family members, it is smart to have a Pennsylvania probate/guardianship attorney review the deed, the guardianship petition/order, and the purpose of any proposed transaction.

If you want more background on how this form of ownership works in Pennsylvania, you may also find these helpful: Does tenancy by the entirety avoid probate in Pennsylvania? and Does joint ownership override inheritance rights in Pennsylvania?.

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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.