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Typically, an emergency guardian is appointed by filing an emergency petition for guardianship. Such an order may be in effect for up to 72 hours. If the emergency continues, the emergency appointment of a guardian may be extended for up to 20 days from the expiration of the original emergency order.
New Rules for Guardianships Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
How is a guardianship proceeding initiated? An interested person may file a petition in the Court of Common Pleas, Orphans Court Division for the appointment of a guardian for a person or the person's estate.
The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND. If the child is 14 or older, the child will sign the agreement.
They can only be appointed by someone who has parental responsibility for the children. A Legal Guardian cannot be appointed by a parent who is alive, as it is not possible to transfer parental responsibility to another person. For this reason, Legal Guardians are usually appointed in a parent's will.