2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 56 - Standby Guardianship
5602 - Definitions.

     § 5602.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Alternate."  A person with all the rights, responsibilities
     and qualifications of a standby guardian who shall become a
     standby guardian only in the event that the currently designated
     standby guardian is unable or refuses to fulfill his obligation.
        "Attending physician."  A physician who has primary
     responsibility for the treatment and care of the designator. If
     physicians share responsibility, another physician is acting on
     the attending physician's behalf or no physician has primary
     responsibility, any physician who is familiar with the
     designator's medical condition may act as an attending physician
     under this chapter.
        "Coguardian."  A person who along with a parent shares
     physical or legal custody, or both, of a child.
        "Consent."  A written authorization signed by the designator
     in the presence of two witnesses who shall also sign the
     writing. The witnesses must be 18 years of age or older and not
     named in the designation.
        "Court."  Family Court Division or domestic relations section
     of a court of common pleas unless otherwise provided by local
     rules of court.
        "Debilitation."  A person's chronic and substantial inability
     as a result of a physically incapacitating disease or injury to
     care for a dependent minor.
        "Designation."  A written document naming the standby
     guardian. A parent, a legal custodian or a legal guardian may
     designate an alternate standby guardian in the same writing.
        "Designator."  A parent, a legal custodian or a legal
     guardian who appoints a standby guardian.
        "Determination of debilitation."  A written finding made by
     an attending physician which states that the designator suffers
     from a physically incapacitating disease or injury. No
     identification of the illness in question is required.
        "Determination of incapacity."  A written finding made by an
     attending physician which states the nature, extent and probable
     duration of the designator's mental or organic incapacity.
        "Incapacity."  A chronic and substantial inability, resulting
     from a mental or organic impairment, to understand the nature
     and consequences of decisions concerning the care of the
     designator's dependent minor and a consequent inability to care
     for the minor.
        "Standby guardian."  A person named by a designator to assume
     the duties of coguardian or guardian of a minor and whose
     authority becomes effective upon the incapacity, debilitation
     and consent, or death of the minor's parent.
        "Triggering event."  A specified occurrence stated in the
     designation which empowers a standby guardian to assume the
     powers, duties and responsibilities of guardian or coguardian.
     (June 22, 2000, P.L.443, No.59, eff. 60 days)

        2000 Amendment.  Act 59 amended the defs. of "designation"
     and "designator."