PRINTER'S NO. 1630
No. 1275 Session of 2000
INTRODUCED BY GREENLEAF, TARTAGLIONE, HART, O'PAKE, HOLL, COSTA,
KUKOVICH AND BOSCOLA, JANUARY 31, 2000
REFERRED TO JUDICIARY, JANUARY 31, 2000
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for the definitions
3 of "designation" and "designator"; and providing for the
4 designation of a standby guardian.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "designation" and "designator"
8 in section 5602 of Title 23 of the Pennsylvania Consolidated
9 Statutes are amended to read:
10 § 5602. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Designation." A written document naming the standby
16 guardian. A parent, a legal custodian or a legal guardian may
17 designate an alternate standby guardian in the same writing.
18 "Designator." A parent, a legal custodian or a legal
1 guardian who appoints a standby guardian.
2 * * *
3 Section 2. Section 5611 of Title 23 is amended to read:
4 § 5611. Designation.
5 (a) General rule.--A custodial parent, a legal custodian or
6 legal guardian may designate a standby guardian by means of a
7 written designation unless the minor has another parent or
8 adoptive parent:
9 (1) whose parental rights have not been terminated or
10 relinquished;
11 (2) whose whereabouts are known; and
12 (3) who is willing and able to make and carry out the
13 day-to-day child-care decisions concerning the minor.
14 (b) Exception where other parent consents.--Notwithstanding
15 subsection (a), a parent, legal custodian or legal guardian may
16 designate a standby guardian with the consent of the other
17 parent.
18 (c) Contents.--
19 (1) A designation of a standby guardianship shall
20 identify the custodial parent, legal custodian or legal
21 guardian making the designation, the minor or minors, any
22 other parent, the standby guardian and the triggering event
23 or events upon which a named standby guardian shall become a
24 coguardian or guardian. If desired, different standby
25 guardians may be designated for different triggering events.
26 The designation shall also include the signed consent of the
27 standby guardian and the signed consent of any other parent
28 or an indication why the other parent's consent is not
29 necessary.
30 (2) The designation shall be signed by the designating
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1 parent, legal custodian or legal guardian in the presence of
2 two witnesses who are 18 years of age or older and not
3 otherwise named in the designation, who shall also sign the
4 designation. If the parent, legal custodian or legal guardian
5 is physically unable to sign the designation, the parent,
6 legal custodian or legal guardian may direct another person
7 not named in the designation to sign on the parent's, the
8 legal custodian's or the legal guardian's behalf in the
9 presence of the parent, legal custodian or legal guardian and
10 the witnesses.
11 (3) A parent, legal custodian or legal guardian may also
12 but need not designate an alternate in the designation.
13 (4) A designation may but need not be in the following
14 form:
15 I (insert name of designator) do hereby appoint
16 (insert name, address and telephone number of standby
17 guardian) as the standby guardian of (insert name(s) of
18 minor(s)) to take effect upon the occurrence of the
19 following triggering event or events (insert specific
20 triggering events).
21 I hereby revoke all former wills and codicils to the
22 extent that there is a conflict between those formerly
23 executed documents and this, my duly executed standby
24 guardian designation.
25 I am the (insert designator's relationship to
26 minor(s)) of (insert name(s) of minor(s)).
27 (Insert name(s) of minor(s)'s other parent(s)) is the
28 father/mother of (insert name(s) of minor(s)).
29 His/her address is:_____________________________________
30 ________________________________________________________
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1 (Check all that apply):
2 ____ He/she died on (insert date of death).
3 ____ His/her parental rights were terminated or
4 relinquished on (insert date of termination or
5 relinquishment).
6 ____ His/her whereabouts are unknown. I understand that
7 all living parents whose rights have not been
8 terminated must be given notice of this designation
9 pursuant to the Pennsylvania Rules of Civil
10 Procedure or a petition to approve this designation
11 may not be granted by the court.
12 ____ He/she is unwilling and unable to make and carry
13 out day-to-day child-care decisions concerning the
14 minor.
15 ____ He/she consents to this designation and has signed
16 this form below.
17 By this designation I am granting (insert name of
18 standby guardian) the authority to act for 60 days
19 following the occurrence of the triggering event as a
20 coguardian with me or, in the event of my death, as
21 guardian of my minor child(ren).
22 Optional: I hereby nominate (insert name, address
23 and telephone number of alternate standby guardian) as
24 the alternate standby guardian to assume the duties of
25 the standby guardian named above in the event the standby
26 guardian is unable or refuses to act as a standby
27 guardian.
28 If I have indicated more than one triggering event,
29 it is my intent that the triggering event which occurs
30 first shall take precedence. If I have indicated "my
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1 death" as the triggering event, it is my intent that the
2 person named in the designation to be standby guardian
3 for my minor child(ren) in the event of my death shall be
4 appointed as guardian of my minor child(ren) when I die.
5 It is my intention to retain full parental rights to
6 the extent consistent with my condition and to retain the
7 authority to revoke the standby guardianship if I so
8 choose.
9 This designation is made after careful reflection,
10 while I am of sound mind.
11 _________________________ ___________________________
12 (Date) (Designator's signature)
13 _________________________ ___________________________
14 (Witness's signature) (Witness's signature)
15 _________________________ ___________________________
16 (Number and Street) (Number and Street)
17 __________________________ ___________________________
18 (City, State and Zip Code) (City, State and Zip Code)
19 If applicable: I (insert name of other parent)
20 hereby consent to this designation.
21 ____________________ ______________________________
22 (Date) (Signature of other parent)
23 ________________________________________________________
24 (Address of other parent)
25 I, (insert name of standby guardian) hereby accept my
26 nomination as standby guardian of (insert minor(s)'s
27 name(s)). I understand that my rights and
28 responsibilities toward the minor child(ren) named above
29 will become effective upon the occurrence of the above-
30 stated triggering event or events. I further understand
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1 that in order to continue caring for the child(ren), I
2 must file a petition with the court within 60 days of the
3 occurrence of the triggering event.
4 _____________________ ________________________
5 (Date) (Signature of standby guardian)
6 Section 3. This act shall take effect in 60 days.
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