PRIOR PRINTER'S NOS. 3164, 3856 PRINTER'S NO. 4242
No. 2500 Session of 1994
INTRODUCED BY STURLA, FAJT, COY, LAUB, MUNDY, KUKOVICH, PRESTON,
TRELLO, WILLIAMS, JOSEPHS, MELIO, PISTELLA, ROONEY, LAUGHLIN,
STEELMAN, CURRY, BISHOP, BLAUM AND JAMES, FEBRUARY 1, 1994
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 3, 1994
AN ACT
1 Providing for standby guardians for minor children; regulating
2 procedure; and providing for designation, petitions and
3 approval by the court.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Standby
8 Guardianship Act.
9 Section 2. Legislative intent.
10 It is the intent of the General Assembly to create an
11 expeditious manner of establishing a guardianship which will
12 enable a parent who is terminally ill or who is periodically
13 incapable of caring for the needs of a minor child, DUE TO <--
14 INCAPACITY OR DEBILITATION RESULTING FROM ILLNESS, to make long-
15 term plans for the care of a child without terminating OR <--
16 LIMITING IN ANY WAY the parent's legal rights.
17 Section 3. Legislative findings.
1 The General Assembly finds that IN CERTAIN CASES EXISTING <--
2 LAWS DO NOT PROVIDE ADEQUATELY FOR the needs of a parent who is
3 terminally ill and who desires to make long-term plans for the
4 future of a minor child without terminating OR LIMITING IN ANY <--
5 WAY his legal parental rights is inadequately provided for in <--
6 certain cases. A large and rapidly growing number of American
7 youth are being orphaned due to terminal illness and the
8 increase of single-parent families. Unless increased attention
9 and resources are devoted to this vulnerable population, a
10 social catastrophe is unavoidable. It is estimated that by the
11 end of 1995, maternal deaths FROM THE HUMAN IMMUNODEFICIENCY <--
12 VIRUS (HIV) ALONE will have orphaned well over 45,000 American
13 youths, and by the year 2000, the overall number of motherless
14 youths will easily exceed 125,000.
15 Section 4. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Alternate standby guardian." A person with all the rights,
20 responsibilities and qualifications of a standby guardian who
21 shall become a standby guardian only in the event that the named <--
22 CURRENTLY DESIGNATED standby guardian is unable or refuses to <--
23 fulfill his obligation.
24 "Attending physician." A physician who has primary CURRENT <--
25 responsibility for the treatment and care of the designator.
26 Where more than one physician shares responsibility or where a
27 physician is acting on the attending physician's behalf, each
28 physician may act as the attending physician as defined by this
29 act. Where no physician has responsibility IN ABSENCE OF AN <--
30 ATTENDING PHYSICIAN, any physician who is familiar with the
19940H2500B4242 - 2 -
1 designator's medical condition may act as attending physician
2 pursuant to this act.
3 "Coguardian." A standby guardian with shared authority to
4 act as guardian of a designator's minor child upon the
5 occurrence of a triggering event.
6 "Consent." A written authorization signed by a parent of a
7 minor child in the presence of two witnesses WHO ARE AT LEAST 18 <--
8 YEARS OF AGE AND who shall also sign the document. The written
9 consent shall contain the terms for the assumption of coguardian
10 duties by a standby guardian.
11 "Court." The orphans' court OF COMMON PLEAS in the county in <--
12 which the minor resides.
13 "Debilitation." A chronic and substantial inability, as a
14 result of a physically impairing disease or injury, TO CARE FOR <--
15 THE NEEDS OF A MINOR CHILD. The term "debilitated" means the
16 state of having a debilitation.
17 "Designation." A written document naming a standby guardian
18 which is voluntarily executed by the designator in accordance
19 with this act.
20 "Designator." A parent who appoints a standby guardian and <--
21 who is likely in the foreseeable future to become debilitated,
22 incapacitated or die as a result of a mental or physical
23 condition in accordance with this act.
24 "Determination of debilitation." A written finding made by
25 an attending physician which contains his opinion regarding the
26 nature, cause, extent and probable duration of a designator's
27 physical debilitation.
28 "Determination of incapacity." A written finding made by an
29 attending physician which contains his opinion regarding the
30 nature, cause, extent and probable duration of a designator's
19940H2500B4242 - 3 -
1 mental or organic incapacity.
2 "Duties of a coguardian." All the powers and duties of a
3 guardian as determined by 20 Pa.C.S. (relating to decedents, <--
4 estates and fiduciaries). LEGAL GUARDIAN. <--
5 "Incapacity." A chronic and substantial inability, as a
6 result of mental or organic impairment, to understand the nature
7 and consequences of decisions. The term "incapacitated" means
8 the state of having an incapacity.
9 "Minor child." A child under 18 years of age.
10 "Noncustodial parent." A parent without custody over the <--
11 person of a minor child. VESTED LEGAL AUTHORITY TO EXERCISE <--
12 CONTINUING CONTROL OVER THE PERSON OF THE CHILD.
13 "Parent." A parent or legal guardian with physical custody <--
14 of a minor child. VESTED WITH LEGAL AUTHORITY TO EXERCISE <--
15 CONTINUING CONTROL OVER THE PERSON OF THE CHILD.
16 "Petitioner." Any person, including a parent or designated <--
17 standby guardian, who acting in the best interests of a minor
18 child files a petition with the court for appointments provided
19 for by this act. A PARENT, DESIGNATED STANDBY GUARDIAN, <--
20 DESIGNATED ALTERNATE STANDBY GUARDIAN OR LEGAL GUARDIAN.
21 "Standby guardian." A person named by the designator to
22 assume the duties of coguardian OR GUARDIAN over the person and <--
23 where applicable the property ESTATE of a minor child upon <--
24 consent, death, incapacity or debilitation of the designator or
25 to assume the duties of guardian in the event of the death of
26 the designator.
27 "Triggering event." An event or events stated in the
28 designation or decree which empower a standby guardian to assume
29 the duties of guardian or coguardian. A triggering event may
30 include, but is not limited to, death, incapacity, debilitation
19940H2500B4242 - 4 -
1 WITH CONSENT or consent of the designator or whichever comes <--
2 first.
3 Section 5. Scope.
4 The provisions of 20 Pa.C.S. (relating to decedents, estates
5 and fiduciaries) shall apply to coguardians and guardians unless
6 otherwise specified in this act. Nothing in this act shall be
7 construed to deprive any parent, including any noncustodial
8 parent, of parental rights.
9 Section 6. Designation.
10 (a) General rule.--A parent may designate a standby guardian
11 by means of a written designation, signed by the parent in the
12 presence of two witnesses who are at least 18 years of age,
13 other than the standby guardian OR ALTERNATE STANDBY GUARDIAN <--
14 designee. Another person A PERSON OTHER THAN THE STANDBY <--
15 GUARDIAN OR ALTERNATE STANDBY GUARDIAN may sign the written
16 designation on the parent's behalf and at the parent's direction
17 if the parent is physically unable to do so, provided the
18 designation is signed in the presence of the parent and
19 witnesses at the expressed request of the parent.
20 (b) Contents.--
21 (1) A designation of a standby guardian shall identify
22 the parent making the designation, the minor child, THE <--
23 NONCUSTODIAL PARENT, IF KNOWN, the standby guardian, the
24 alternate standby guardian if desired and the triggering
25 event or events upon which a standby guardian assumes
26 coguardianship, or guardianship in the event of death. A
27 designator may name different standby guardians with
28 different triggering events which activate coguardianship, or
29 guardianship in the event of death.
30 (2) A designation may, but need not, be in the following
19940H2500B4242 - 5 -
1 form:
2 Designation of Standby Guardian
3 I (insert name of parent making the designation), hereby
4 designate (insert name, home address and telephone number of
5 proposed standby guardian) as the standby guardian of the person
6 and property ESTATE (cross out "person" or "property ESTATE" as <--
7 appropriate or leave as is if both are to apply) of my minor
8 child or children, (insert name of minor child or children).
9 I hereby designate (insert name, home address and telephone
10 number of proposed alternate standby guardian) as the alternate
11 standby guardian to assume the duties of the standby guardian
12 named above in the event the standby guardian is unable to or
13 refuses to act as a standby guardian. THE NAME AND ADDRESS OF <--
14 THE NONCUSTODIAL PARENT OF THE ABOVE-NAMED CHILD ARE (INSERT
15 NAME AND ADDRESS OF NONCUSTODIAL PARENT, IF KNOWN).
16 The triggering event or events which confer authority upon
17 the standby guardian named in this designation shall be (insert
18 number or numbers of events as listed below):
19 (1) a determination of my incapacity;
20 (2) a determination of my physical debilitation with my
21 consent;
22 (3) my death; <--
23 (4) my written consent.
24 If I have indicated more than one triggering event, it is my
25 intent that the triggering event which occurs first shall take
26 precedence, and, if I have indicated "my death" as the
27 triggering event, it is my intent that the person named in this
28 designation shall be appointed as guardian of my minor child.
29 By this designation I am granting the person named as the
30 standby guardian the authority to assume the duties as
19940H2500B4242 - 6 -
1 coguardian with me upon the occurrence of the triggering event
2 for a period of 60 days.
3 It is my intention to retain full parental rights to the
4 extent consistent with my condition, to retain the authority to
5 revoke the standby guardianship and/or coguardianship and to be
6 reinstated as sole guardian of my minor child should my <--
7 condition permit and if I so choose.
8 Designator's signature...................................
9 Address..................................................
10 Date.....................................................
11 I declare that the person whose name appears above signed
12 this document in my presence or was physically unable to sign
13 and directed another to sign this document, who did so in my
14 presence. I further declare that I am at least 18 years of age
15 and am not the person designated as a standby guardian or
16 alternate standby guardian.
17 Witness Signature........................................
18 Address..................................................
19 Date.....................................................
20 Witness Signature........................................
21 Address..................................................
22 Date.....................................................
23 (c) Authority.--A designation shall confer upon a named
24 standby guardian the authority to act as coguardian of the
25 person with the designator or, in the case of death of the
26 designator, as guardian of the named minor child for a period of
27 60 days FROM THE DATE OF THE TRIGGERING EVENT. Within 60 days of <--
28 the triggering event, the court shall enter a decree authorizing
29 approval or disapproval of the named person as coguardian or
30 guardian.
19940H2500B4242 - 7 -
1 (d) Renouncing.--A person designated standby guardian
2 pursuant to this section may at any time before approval is
3 granted to act as coguardian or guardian renounce the
4 designation by executing a written renunciation and promptly
5 notifying the designator and the minor child., THE MINOR CHILD <--
6 AND THE NONCUSTODIAL PARENT IF THE IDENTITY AND ADDRESS ARE
7 KNOWN.
8 (E) REVOCATION.--PRIOR TO A PETITION BEING FILED FOR
9 APPROVAL OF STANDBY GUARDIAN TO ACT AS COGUARDIAN OR GUARDIAN, A
10 DESIGNATOR MAY REVOKE A STANDBY GUARDIAN'S AUTHORITY UNDER THIS
11 SECTION BY EXECUTING A WRITTEN REVOCATION AND FILING IT WITH THE
12 COURT. UNFILED WRITTEN REVOCATIONS MAY BE CONSIDERED BY THE
13 COURT IF IT CAN BE PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT
14 THE INTENT OF THE DESIGNATOR WAS TO REVOKE THE AUTHORITY OF THE
15 STANDBY GUARDIAN.
16 Section 7. Determinations.
17 (a) General rule.--A determination of incapacity or
18 debilitation must be made by the attending physician to a
19 reasonable degree of medical certainty, be in writing and
20 contain the attending physician's opinion regarding the cause <--
21 and the nature NATURE, EXTENT AND PROBABLE DURATION of the <--
22 designator's incapacity or debilitation as well as its extent <--
23 and probable duration. The identity of the illness shall not be
24 required to be documented or indicated. The attending physician
25 shall provide a copy of the determination of incapacity or
26 debilitation to the designated standby guardian, if the standby
27 guardian's identity is known to the physician. The designator's
28 death certificate shall be the determination of the designator's
29 death.
30 (b) Request.--If requested by a petitioner THE DESIGNATOR OR <--
19940H2500B4242 - 8 -
1 OTHER PERSON NAMED IN THE DESIGNATION, an attending physician
2 shall make a determination regarding the designator's incapacity
3 or debilitation for purposes of this act.
4 Section 8. Commencement of coguardianship.
5 (a) General rule.--If a designation has been made and a
6 triggering event has occurred, the standby guardian shall have
7 the authority to act as coguardian for 60 days from the
8 triggering event and shall, within 60 days of the triggering
9 event, file a petition for approval with the court. If no
10 petition is filed within 60 days, the standby guardian shall
11 lose all authority to act as a coguardian. IF A PETITION IS <--
12 FILED BUT THE COURT HAS NOT ACTED ON IT BY THE EXPIRATION OF THE
13 60-DAY PERIOD, THE STANDBY GUARDIAN'S AUTHORITY SHALL CONTINUE
14 UNTIL THE COURT ORDERS OTHERWISE. If a designation has not been
15 filed, the standby guardian shall file the designation in
16 accordance with section 11 upon commencement of coguardianship.
17 (b) Notice.--The standby guardian shall notify the <--
18 designator PROMPTLY NOTIFY THE DESIGNATOR AND THE NONCUSTODIAL <--
19 PARENT, IF HIS IDENTITY AND ADDRESS ARE KNOWN, of the
20 commencement of the coguardian duties.
21 (c) Termination.--Upon judicial COURT approval, <--
22 coguardianship of a minor child continues during the nonage of
23 the minor child unless it is sooner terminated by a court of
24 competent jurisdiction, revocation of designation, return to
25 capacity of the designator, death, resignation, removal OF THE <--
26 DESIGNEE, RESIGNATION, REMOVAL OF THE COGUARDIAN or any other
27 way authorized by law.
28 (d) Revocation.--A designator may revoke standby guardian <--
29 authority under this act AFTER A PETITION HAS BEEN FILED, A <--
30 DESIGNATOR MAY REVOKE A COGUARDIANSHIP OR STANDBY GUARDIANSHIP
19940H2500B4242 - 9 -
1 by executing a written revocation, filing it with the court and
2 promptly notifying the standby guardian of the revocation.
3 Unwritten revocations may be considered by the court if an
4 unwritten revocation can be proven by clear and convincing
5 evidence submitted to the court. FAILURE OF A COGUARDIAN TO <--
6 COMPLY WITH THIS PROVISION SHALL BE SUBJECT TO PENALTIES FOR
7 CONTEMPT OF COURT.
8 (e) Bond.--The court shall not require the standby guardian <--
9 COGUARDIAN of the person of a minor child to post a bond. The <--
10 court in its discretion may require a bond if the standby <--
11 guardian is designated the guardian of the property of the minor
12 child. COGUARDIAN IS DESIGNATED THE COGUARDIAN OF THE ESTATE OF <--
13 THE MINOR CHILD. IN NO EVENT SHALL A STANDBY GUARDIAN OF THE
14 PERSON OR ESTATE OF A MINOR CHILD BE REQUIRED TO POST A BOND
15 PRIOR TO THE OCCURRENCE OF THE TRIGGERING EVENT.
16 (f) Authority.--A designator shall confer upon the standby
17 guardian shared authority with respect to the minor child unless
18 it THE DESIGNATION states otherwise. The standby guardian <--
19 COGUARDIAN shall involve the designator AND NONCUSTODIAL PARENT <--
20 in the care of the minor child to the fullest extent possible.
21 (g) Restored capacity.--In the event that the designator is
22 restored or is returned to fitness, TO CAPACITY, IS RETURNED TO <--
23 FITNESS OR CHOOSES TO SUSPEND COGUARDIANSHIP, coguardianship
24 shall be suspended. FAILURE OF A COGUARDIAN TO COMPLY WITH THIS <--
25 PROVISION SHALL BE SUBJECT TO PENALTIES FOR CONTEMPT OF COURT.
26 ALL PARTIES SHALL BE MADE AWARE OF THIS PROVISION BY THE COURT.
27 Section 9. Commencement of guardianship.
28 (A) GENERAL RULE.--In the event of death the standby <--
29 guardian who has been designated to become the child's guardian
30 upon the triggering event of death shall have authority to act
19940H2500B4242 - 10 -
1 as guardian for 60 days and shall have 60 days from the date of
2 death to file a petition for appointment as permanent guardian
3 with the court of common pleas. IF NO PETITION IS FILED WITHIN <--
4 60 DAYS, THE STANDBY GUARDIAN SHALL LOSE ALL AUTHORITY TO ACT AS
5 GUARDIAN. IF A PETITION IS FILED BUT THE COURT HAS NOT ACTED ON
6 IT BY THE EXPIRATION OF THE 60-DAY PERIOD, THE STANDBY
7 GUARDIAN'S AUTHORITY SHALL CONTINUE UNTIL THE COURT ORDERS
8 OTHERWISE. IF A DESIGNATION HAS NOT BEEN FILED, THE STANDBY
9 GUARDIAN SHALL FILE THE DESIGNATION IN ACCORDANCE WITH THIS ACT
10 UPON COMMENCEMENT OF GUARDIANSHIP.
11 (B) NOTICE.--THE STANDBY GUARDIAN SHALL PROMPTLY NOTIFY THE
12 NONCUSTODIAL PARENT, IF HIS IDENTITY AND ADDRESS ARE KNOWN, OF
13 THE COMMENCEMENT OF THE GUARDIAN DUTIES.
14 (C) TERMINATION.--UPON COURT APPROVAL, GUARDIANSHIP OF A
15 MINOR CHILD CONTINUES DURING THE NONAGE OF THE MINOR CHILD
16 UNLESS SOONER TERMINATED BY THE COURT. A GUARDIANSHIP IS ALSO
17 TERMINATED BY DEATH, RESIGNATION OR REMOVAL OF THE GUARDIAN.
18 FAILURE TO COMPLY WITH THIS PROVISION SHALL BE SUBJECT TO
19 PENALTIES FOR CONTEMPT OF COURT.
20 (D) BOND.--THE COURT SHALL NOT REQUIRE THE GUARDIAN OF THE
21 PERSON OF A MINOR CHILD TO POST BOND. THE COURT MAY REQUIRE A
22 BOND IF THE STANDBY GUARDIAN IS DESIGNATED THE GUARDIAN OF THE
23 ESTATE OF THE MINOR CHILD. IN NO EVENT SHALL A STANDBY GUARDIAN
24 OF THE PERSON OR ESTATE OF A MINOR CHILD BE REQUIRED TO POST
25 BOND PRIOR TO THE OCCURRENCE OF THE TRIGGERING EVENT.
26 (E) AUTHORITY.--THE GUARDIAN SHALL INVOLVE THE NONCUSTODIAL
27 PARENT IN THE CARE OF THE MINOR CHILD TO THE FULLEST EXTENT
28 POSSIBLE.
29 (F) CONFLICTING DOCUMENTS.--IN THE EVENT THAT A PARENT HAS
30 APPOINTED A TESTAMENTARY GUARDIAN OF THE PERSON OR ESTATE OF A
19940H2500B4242 - 11 -
1 MINOR BY WILL UNDER 20 PA.C.S. § 2519 (RELATING TO TESTAMENTARY
2 GUARDIAN) AND HAS EXECUTED A WRITTEN DESIGNATION DESIGNATING A
3 STANDBY GUARDIAN UPON THE DEATH OF THE PARENT, THE DOCUMENT
4 LATEST IN DATE OF EXECUTION SHALL PREVAIL TO THE EXTENT OF A
5 CONFLICT.
6 Section 10. Petition for approval of standby guardian to act as
7 coguardian or guardian.
8 (a) General rule.--A petition for judicial COURT approval of <--
9 a standby guardian to act as a coguardian or guardian of the
10 person and/or property ESTATE of a minor child pursuant to this <--
11 act shall be made by a petitioner to the court of common pleas <--
12 in the county in which the minor resides. The petition may SHALL <--
13 be filed not later than 60 days after the triggering event. A <--
14 PETITION MAY BE FILED PRIOR TO THE TRIGGERING EVENT SUBJECT TO
15 CONFIRMATION OF THE TRIGGERING EVENT.
16 (b) Petition contents.--A petition for judicial COURT <--
17 approval of a standby guardian to act as a coguardian or
18 guardian of a minor child shall append the written designation
19 and shall:
20 (1) State the name, address and qualifications AND <--
21 ADDRESS of the proposed standby guardian and, if applicable,
22 the name, address and qualifications THE NAME AND ADDRESS of <--
23 the alternate standby guardian.
24 (2) State the triggering event or events which cause the
25 standby guardian to become the coguardian or guardian.
26 (3) Append the documentation CONFIRMATION of the <--
27 triggering event, IF THE TRIGGERING EVENT HAS OCCURRED ON OR <--
28 BEFORE THE TIME OF FILING.
29 (4) In the event the triggering event is debilitation or <--
30 consent, the designator's consent shall also be appended to
19940H2500B4242 - 12 -
1 the petition.
2 (c) Alternate to be appointed.--If a petition is submitted <--
3 to appoint an alternate standby guardian IS SUBMITTED, it shall <--
4 also contain a statement VERIFICATION that the person designated <--
5 as standby guardian is unwilling or unable to act as coguardian
6 OR GUARDIAN, and the basis for that statement. <--
7 (d) Court appearance.--The designator's appearance in court
8 shall not be required if the designator is medically unable to
9 appear, except upon motion and for good cause shown.
10 (e) Representation of minor child.--The court may appoint
11 counsel to represent the best interests and the wishes of the
12 minor child.
13 (f) Notice.--When a petition for approval of a standby
14 guardian to act as coguardian or guardian for a minor child is
15 filed, notice OF THE FILING AND ANY APPLICABLE HEARING shall be <--
16 served on the designator, the standby guardian, any noncustodial
17 parent and the minor child. If the petition alleges that after a
18 diligent search the noncustodial parent cannot be located, the
19 noncustodial parent shall be served by notice delivered to the <--
20 noncustodial parent's last known address or addresses and by
21 publication pursuant to Pa.R.C.P. No. 440.
22 (g) Decree.--If the court determines that a designation has
23 been made in accordance with this act and that the following
24 conditions are fact, the court shall make a decree accordingly:
25 (1) The proposed standby guardian is qualified to serve
26 as a coguardian or guardian under 20 Pa.C.S. (relating to
27 decedents, estates and fiduciaries).
28 (2) The proposed standby guardian is fit to serve as a
29 coguardian or guardian. An investigation to determine fitness
30 shall be made within 20 days of filing the petition with the
19940H2500B4242 - 13 -
1 court to determine fitness, including clearance that the
2 designated coguardian or guardian is not indicated on the
3 child abuse hot line registry. WITH NOTICE COMPORTING WITH <--
4 THE PENNSYLVANIA RULES OF CIVIL PROCEDURE PROVIDING FOR
5 NOTICE TO NONCUSTODIAL PARENTS IN CUSTODY MATTERS AND BY
6 PUBLICATION PURSUANT TO PA.R.C.P. NO. 430.
7 (G) APPROVAL WITHOUT HEARING.--APPROVAL WITHOUT HEARING IS
8 PERMITTED IN THE COURT'S DISCRETION WHEN THE DESIGNATOR IS THE
9 SOLE SURVIVING PARENT OR IT IS INDICATED THAT ALL PARTIES
10 CONSENT TO ENTRY OF THE APPROVAL ORDER.
11 (H) DECREE.--AN INVESTIGATION TO DETERMINE THE FITNESS AND
12 BEST INTERESTS OF THE MINOR CHILD MAY BE MADE WITHIN 20 DAYS OF
13 FILING THE PETITION. IF THE COURT DETERMINES THAT A DESIGNATION
14 HAS BEEN MADE IN ACCORDANCE WITH THIS ACT AND THAT THE FOLLOWING
15 CONDITIONS ARE MET, THE COURT SHALL MAKE A DECREE ACCORDINGLY:
16 (1) THE PROPOSED STANDBY GUARDIAN IS QUALIFIED TO SERVE
17 AS A COGUARDIAN OR GUARDIAN UNDER 20 PA.C.S. CH. 51 (RELATING
18 TO MINORS).
19 (2) THE PROPOSED STANDBY GUARDIAN IS FIT TO SERVE AS A
20 COGUARDIAN OR GUARDIAN AND IS NOT THE SUBJECT OF A FOUNDED
21 REPORT OF CHILD ABUSE ON THE STATEWIDE CENTRAL REGISTER.
22 (3) The best interests of the minor child will be
23 promoted by appointment of the standby guardian.
24 (h) (I) Delivery.--The appointment decree shall be delivered <--
25 to:
26 (1) the parent who designated the standby guardian;
27 (2) the standby guardian or AND alternate standby <--
28 guardian;
29 (3) the minor child upon the request of the child or the
30 child's attorney; or <--
19940H2500B4242 - 14 -
1 (4) THE NONCUSTODIAL PARENT, IF THE IDENTITY AND ADDRESS <--
2 ARE KNOWN; OR
3 (4) (5) any other person directed by the court. <--
4 (J) PRIOR FILING.--IF THE TRIGGERING EVENT HAD NOT OCCURRED <--
5 AT THE TIME OF FILING AND HAD NOT OCCURRED AT THE TIME OF
6 APPROVAL OF THE PETITION, UPON OCCURRENCE OF THE TRIGGERING
7 EVENT, THE GUARDIAN, COGUARDIAN OR ALTERNATE COGUARDIAN SHALL
8 FILE CONFIRMATION OF THE TRIGGERING EVENT OR EVENTS WITH THE
9 COURT. UPON RECEIPT OF SUCH CONFIRMATION, THE COURT SHALL ISSUE
10 AN ORDER CERTIFYING THAT THE COGUARDIAN OR GUARDIAN WHO WAS
11 PREVIOUSLY APPROVED AS A STANDBY GUARDIAN IS AS OF THE DATE OF
12 THE TRIGGERING EVENT THE LEGAL COGUARDIAN OR GUARDIAN. A HEARING
13 IS NOT NECESSARY, PROVIDED THAT ADEQUATE NOTICE AND HEARING
14 OCCURRED PRIOR TO APPROVAL OF THE GUARDIANSHIP PETITION UNLESS
15 THERE IS CLEAR EVIDENCE THAT THE BEST INTERESTS OF THE CHILD
16 WILL NOT BE SERVED.
17 SECTION 11. PETITION TO ASSERT PARENTAL RIGHTS OF NONCUSTODIAL
18 PARENT.
19 WITHIN 60 DAYS OF NOTICE OF COMMENCEMENT OF COGUARDIANSHIP OR
20 OF A GUARDIANSHIP, A NONCUSTODIAL PARENT MAY PETITION THE COURT
21 IN THE COUNTY IN WHICH THE MINOR RESIDES IN ORDER TO ASSERT
22 PARENTAL RIGHTS TO THAT MINOR.
23 Section 11 12. Filing. <--
24 The register of wills CLERK OF COURTS of the county in which <--
25 the minor child resides shall receive for filing any instrument
26 designating a standby guardian made by a domiciliary of the
27 county and shall give a written receipt therefor to the person
28 delivering it. The filing of a designation of standby guardian
29 shall be for the sole purpose of safekeeping and shall not
30 affect the validity of the appointment or designation. The
19940H2500B4242 - 15 -
1 register of wills shall provide directions for filing standby <--
2 guardian documents, which shall indicate qualifications
3 necessary for approval for appointment as standby guardian.
4 CLERK OF COURTS SHALL MAKE AVAILABLE A COPY OF THE SAMPLE <--
5 DESIGNATION PROVIDED IN THIS ACT THAT MAY BE USED IN DESIGNATING
6 A STANDBY GUARDIAN. The register of wills CLERK OF COURTS shall <--
7 notify by first class mail all individuals named as a standby
8 guardian AND THE NONCUSTODIAL PARENT, IF THE IDENTITY AND <--
9 ADDRESS ARE KNOWN, of any designation filed with the office.
10 Section 12 13. Effective date. <--
11 This act shall take effect in 60 days.
L23L20JRW/19940H2500B4242 - 16 -