HOUSE AMENDED
PRIOR PRINTER'S NO. 1630 PRINTER'S NO. 2042
No. 1275 Session of 2000
INTRODUCED BY GREENLEAF, TARTAGLIONE, HART, O'PAKE, HOLL, COSTA,
KUKOVICH AND BOSCOLA, JANUARY 31, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 12, 2000
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for PERSONS <--
3 QUALIFIED TO SOLEMNIZE MARRIAGES AND FOR the definitions of
4 "designation" and "designator"; and providing for the
5 designation of a standby guardian.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definitions of "designation" and "designator" <--
9 in section 5602 of Title 23 of the Pennsylvania Consolidated
10 Statutes are amended to read:
11 SECTION 1. SECTION 1503(A) OF TITLE 23 OF THE PENNSYLVANIA <--
12 CONSOLIDATED STATUTES IS AMENDED TO READ:
13 § 1503. PERSONS QUALIFIED TO SOLEMNIZE MARRIAGES.
14 (A) GENERAL RULE.--THE FOLLOWING ARE AUTHORIZED TO SOLEMNIZE
15 MARRIAGES BETWEEN PERSONS THAT PRODUCE A MARRIAGE LICENSE ISSUED
16 UNDER THIS PART:
17 (1) A JUSTICE, JUDGE OR DISTRICT JUSTICE OF THIS
18 COMMONWEALTH.
1 (2) A FORMER OR RETIRED JUSTICE, JUDGE OR DISTRICT
2 JUSTICE OF THIS COMMONWEALTH WHO IS SERVING AS A SENIOR JUDGE
3 OR SENIOR DISTRICT JUSTICE AS PROVIDED OR PRESCRIBED BY LAW.
4 (3) AN ACTIVE OR SENIOR JUDGE OR FULL-TIME MAGISTRATE OF
5 THE DISTRICT COURTS OF THE UNITED STATES FOR THE EASTERN,
6 MIDDLE OR WESTERN DISTRICT OF PENNSYLVANIA.
7 (4) AN ACTIVE, RETIRED OR SENIOR JUDGE OF THE UNITED
8 STATES COURT OF APPEALS FOR THE THIRD CIRCUIT WHO IS A
9 RESIDENT OF THIS COMMONWEALTH.
10 (5) A MAYOR OF ANY CITY OR BOROUGH OF THIS COMMONWEALTH.
11 (6) A MINISTER, PRIEST OR RABBI OF ANY REGULARLY
12 ESTABLISHED CHURCH OR CONGREGATION.
13 * * *
14 SECTION 2. THE DEFINITIONS OF "DESIGNATION" AND "DESIGNATOR"
15 IN SECTION 5602 OF TITLE 23 ARE AMENDED TO READ:
16 § 5602. Definitions.
17 The following words and phrases when used in this chapter
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
21 "Designation." A written document naming the standby
22 guardian. A parent, a legal custodian or a legal guardian may
23 designate an alternate standby guardian in the same writing.
24 "Designator." A parent, a legal custodian or a legal
25 guardian who appoints a standby guardian.
26 * * *
27 Section 2 3. Section 5611 of Title 23 is amended to read: <--
28 § 5611. Designation.
29 (a) General rule.--A custodial parent, a legal custodian or
30 legal guardian may designate a standby guardian by means of a
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1 written designation unless the minor has another parent or
2 adoptive parent:
3 (1) whose parental rights have not been terminated or
4 relinquished;
5 (2) whose whereabouts are known; and
6 (3) who is willing and able to make and carry out the
7 day-to-day child-care decisions concerning the minor.
8 (b) Exception where other parent consents.--Notwithstanding
9 subsection (a), a parent, legal custodian or legal guardian may
10 designate a standby guardian with the consent of the other
11 parent.
12 (c) Contents.--
13 (1) A designation of a standby guardianship shall
14 identify the custodial parent, legal custodian or legal
15 guardian making the designation, the minor or minors, any
16 other parent, the standby guardian and the triggering event
17 or events upon which a named standby guardian shall become a
18 coguardian or guardian. If desired, different standby
19 guardians may be designated for different triggering events.
20 The designation shall also include the signed consent of the
21 standby guardian and the signed consent of any other parent
22 or an indication why the other parent's consent is not
23 necessary.
24 (2) The designation shall be signed by the designating
25 parent, legal custodian or legal guardian in the presence of
26 two witnesses who are 18 years of age or older and not
27 otherwise named in the designation, who shall also sign the
28 designation. If the parent, legal custodian or legal guardian
29 is physically unable to sign the designation, the parent,
30 legal custodian or legal guardian may direct another person
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1 not named in the designation to sign on the parent's, the
2 legal custodian's or the legal guardian's behalf in the
3 presence of the parent, legal custodian or legal guardian and
4 the witnesses.
5 (3) A parent, legal custodian or legal guardian may also
6 but need not designate an alternate in the designation.
7 (4) A designation may but need not be in the following
8 form:
9 I (insert name of designator) do hereby appoint
10 (insert name, address and telephone number of standby
11 guardian) as the standby guardian of (insert name(s) of
12 minor(s)) to take effect upon the occurrence of the
13 following triggering event or events (insert specific
14 triggering events).
15 I hereby revoke all former wills and codicils to the
16 extent that there is a conflict between those formerly
17 executed documents and this, my duly executed standby
18 guardian designation.
19 I am the (insert designator's relationship to
20 minor(s)) of (insert name(s) of minor(s)).
21 (Insert name(s) of minor(s)'s other parent(s)) is the
22 father/mother of (insert name(s) of minor(s)).
23 His/her address is:_____________________________________
24 ________________________________________________________
25 (Check all that apply):
26 ____ He/she died on (insert date of death).
27 ____ His/her parental rights were terminated or
28 relinquished on (insert date of termination or
29 relinquishment).
30 ____ His/her whereabouts are unknown. I understand that
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1 all living parents whose rights have not been
2 terminated must be given notice of this designation
3 pursuant to the Pennsylvania Rules of Civil
4 Procedure or a petition to approve this designation
5 may not be granted by the court.
6 ____ He/she is unwilling and unable to make and carry
7 out day-to-day child-care decisions concerning the
8 minor.
9 ____ He/she consents to this designation and has signed
10 this form below.
11 By this designation I am granting (insert name of
12 standby guardian) the authority to act for 60 days
13 following the occurrence of the triggering event as a
14 coguardian with me or, in the event of my death, as
15 guardian of my minor child(ren).
16 Optional: I hereby nominate (insert name, address
17 and telephone number of alternate standby guardian) as
18 the alternate standby guardian to assume the duties of
19 the standby guardian named above in the event the standby
20 guardian is unable or refuses to act as a standby
21 guardian.
22 If I have indicated more than one triggering event,
23 it is my intent that the triggering event which occurs
24 first shall take precedence. If I have indicated "my
25 death" as the triggering event, it is my intent that the
26 person named in the designation to be standby guardian
27 for my minor child(ren) in the event of my death shall be
28 appointed as guardian of my minor child(ren) when I die.
29 It is my intention to retain full parental rights to
30 the extent consistent with my condition and to retain the
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1 authority to revoke the standby guardianship if I so
2 choose.
3 This designation is made after careful reflection,
4 while I am of sound mind.
5 _________________________ ___________________________
6 (Date) (Designator's signature)
7 _________________________ ___________________________
8 (Witness's signature) (Witness's signature)
9 _________________________ ___________________________
10 (Number and Street) (Number and Street)
11 __________________________ ___________________________
12 (City, State and Zip Code) (City, State and Zip Code)
13 If applicable: I (insert name of other parent)
14 hereby consent to this designation.
15 ____________________ ______________________________
16 (Date) (Signature of other parent)
17 ________________________________________________________
18 (Address of other parent)
19 I, (insert name of standby guardian) hereby accept my
20 nomination as standby guardian of (insert minor(s)'s
21 name(s)). I understand that my rights and
22 responsibilities toward the minor child(ren) named above
23 will become effective upon the occurrence of the above-
24 stated triggering event or events. I further understand
25 that in order to continue caring for the child(ren), I
26 must file a petition with the court within 60 days of the
27 occurrence of the triggering event.
28 _____________________ ________________________
29 (Date) (Signature of standby guardian)
30 Section 3. This act shall take effect in 60 days. <--
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1 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
2 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
3 (2) THE AMENDMENT OF 23 PA.C.S. § 1503 SHALL TAKE EFFECT
4 IMMEDIATELY.
5 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
6 DAYS.
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