2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 56 - Standby Guardianship
5613 - Authority of standby guardian.

     § 5613.  Authority of standby guardian.
        (a)  General rule.--The standby guardian shall have authority
     to act as coguardian or guardian upon the occurrence of the
     triggering event. The commencement of the standby guardian's
     authority to act as coguardian pursuant to a determination of
     incapacity, a determination of debilitation and consent or the
     receipt of consent alone shall not itself divest the designator
     of any parental rights but shall confer upon the standby
     guardian concurrent or shared custody of the child. The
     commencement of the standby guardian's authority to act as
     guardian pursuant to the death of the designator shall not
     confer upon the standby guardian more than physical and legal
     custody of the child as defined in Chapter 53 (relating to
     custody). A coguardian shall assure frequent and continuing
     contact with and physical access to the child and shall further
     assure the involvement of the parent, to include, to the
     greatest extent possible, in the decision making on behalf of
     the child.
        (b)  Effect of filing.--The designator may file a petition
     for approval of a designation with the court at any time. If the
     petition is approved by the court before the occurrence of the
     triggering event, the standby guardian's authority will commence
     automatically upon the occurrence of the triggering event. No
     further petition or confirmation is necessary. If a designation
     has been made but the petition for approval of the designation
     has not been filed and a triggering event has occurred, the
     standby guardian shall have temporary legal authority to act as
     a coguardian or guardian of the minor without the direction of
     the court for a period of 60 days. The standby guardian shall
     within that period file a petition for approval in accordance
     with section 5612 (relating to petition for approval of a
     designation). If no petition is filed within the specified 60
     days, the standby guardian shall lose all authority to act as
     coguardian or guardian. If a petition is filed but the court
     does not act upon it within the 60-day period, the temporary
     legal authority to act as coguardian or guardian shall continue
     until the court orders otherwise.
        (c)  Parental rights.--The commencement of a coguardian's or
     guardian's authority under this subchapter may not itself divest
     a parent or legal guardian of any parental or guardianship
     rights.
        (d)  Restored capacity.--If a licensed physician determines
     that the designator has regained capacity, the coguardian's
     authority which commenced pursuant to the occurrence of a
     triggering event shall become inactive, and the coguardian shall
     return to having no authority. Failure of a coguardian to comply
     with this provision and to immediately return the minor to the
     designator's care shall entitle the designator to an emergency
     hearing in a court of competent jurisdiction.