2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 56 - Standby Guardianship
5612 - Petition for approval of a designation.

     § 5612.  Petition for approval of a designation.
        (a)  General rule.--A petition for court approval of a
     designation under this chapter may be made at any time by filing
     with the court a copy of the designation. If the triggering
     event has not occurred on or before the time of filing, only the
     designator may file the petition. If the triggering event has
     occurred on or before the time of filing, the standby guardian
     named in the designation may file the petition, and the petition
     shall also contain one of the following:
            (1)  A determination of the designator's incapacity.
            (2)  A determination of the designator's debilitation and
        the designator's signed and dated consent.
            (3)  A copy of the designator's death certificate.
        (b)  Notice.--
            (1)  The petitioner shall notify any person named in the
        designation within ten days of the filing of the petition and
        of any hearing thereon.
            (2)  If the petition alleges that a nondesignating parent
        cannot be located, that parent shall be notified in
        accordance with the notice provisions of the Pennsylvania
        Rules of Civil Procedure in Custody Matters. No notice is
        necessary to a parent whose parental rights have previously
        been terminated or relinquished.
        (c)  Jurisdiction.--For purposes of determining jurisdiction
     under this chapter, the provisions of Chapter 54 (relating to
     uniform child custody jurisdiction and enforcement) shall apply.
        (d)  Presumptions.--In a proceeding for judicial appointment
     of a standby guardian, a designation shall constitute a
     rebuttable presumption that the designated standby guardian is
     capable of serving as coguardian or guardian. When the
     designator is the sole surviving parent, when the parental
     rights of any noncustodial parent have been terminated or
     relinquished or when all parties consent to the designation,
     there shall be a rebuttable presumption that entry of the
     approval order is in the best interest of the child. In any
     case, if the court finds entry of the approval order to be in
     the best interest of the child, the court shall enter an order
     approving the designation petition.
        (e)  Approval without hearing.--Approval of the designation
     without a hearing is permitted when the designator is the sole
     surviving parent, when the parental rights of any noncustodial
     parent have been terminated or relinquished or when all parties
     consent to entry of the approval order.
        (f)  Hearing.--In the event a hearing is required, it shall
     be conducted in accordance with the proceedings set forth in
     Chapters 53 (relating to custody) and 54.
        (g)  Court appearance.--The designator need not appear in
     court if the designator is medically unable to appear.
     (June 15, 2004, P.L.236, No.39, eff. 60 days)

        2004 Amendment.  Act 39 amended subsecs. (c) and (f).
        Cross References.  Section 5612 is referred to in sections
     5613, 5614 of this title.

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