PRINTER'S NO. 1972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1509
Session of
2017
INTRODUCED BY BRIGGS, FREEMAN, PASHINSKI, CALTAGIRONE, DAVIS,
V. BROWN, COX, KINSEY, D. COSTA, DeLUCA, ROEBUCK, THOMAS AND
WARREN, JUNE 12, 2017
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 12, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in standby guardianship, further
providing for definitions and for petition for approval of a
designation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "standby guardian" in section
5602 of Title 23 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 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:
* * *
"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, long-term absence of, or death of the minor's
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parent.
* * *
Section 2. Section 5612(a) of Title 23 is amended to read:
§ 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) Documentation of the designator's long-term absence,
whether due to detention, incarceration or deportation.
[(3)] (4) A copy of the designator's death certificate.
* * *
Section 3. This act shall take effect in 60 days.
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