2019 Pennsylvania Consolidated Statutes
Title 23 - DOMESTIC RELATIONS
Chapter 56 - Standby and Temporary Guardianship
Section 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 or temporary 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 or temporary 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.
"Family member." A grandparent, aunt, uncle or adult sibling of a minor.
"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.
"Temporary guardian." A family member appointed by a court for a limited period as a guardian of the minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.
"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; Oct. 23, 2018, P.L.583, No.88, eff. 60 days)
